THE CONTEXT: The Indian judiciary is facing a daunting challenge—a significant backlog of cases, especially in civil litigation. With approximately 11.1 million civil cases pending across various courts, and 22% of these cases languishing for over five years, the justice delivery system is under immense strain.
THE ISSUES:
- Backlog and Delays in Civil Cases: On average, a civil suit in India takes about 10 years to resolve at the trial stage. If further contested and proceeds to the appellate stage, it can extend for an additional 10 years. This means litigants could potentially wait two decades for final adjudication—a scenario that is neither just nor sustainable.
- Misuse of Judicial Processes: Unscrupulous litigants often exploit procedural loopholes to prolong cases. Tactics include filing frivolous applications, manipulating procedural technicalities, and engaging in forum shopping.
- Dilatory Tactics: Raising irrelevant or baseless disputes that distract from the core issues. Repeated requests for adjournments, which courts sometimes grant liberally due to leniency or overburdened schedules. Flooding the court with superfluous evidence to complicate proceedings.
- Procedural Inefficiencies: Lack of strict adherence to procedural timelines prescribed in the Civil Procedure Code (CPC) leads to extended trial durations.
- Shortage of Judicial Personnel: According to the Law Commission of India, there is a significant shortfall in the number of judges. India has about 20 judges per million people, far below the recommended 50 judges per million.
- Inadequate Infrastructure: Many courts operate with insufficient infrastructure, lacking basic amenities and technological support essential for efficient functioning.
- Traditional Case Management: Reliance on outdated methods for documentation and case tracking hampers swift progression and increases the risk of errors.
THE IMPACT:
- Erosion of Public Trust: Prolonged litigation diminishes confidence in the judiciary’s ability to deliver timely justice, potentially leading to social unrest and disregard for legal processes.
- Economic and Social Costs: Extended legal battles drain financial resources, time, and energy of litigants, affecting their livelihoods and mental well-being.
- Overburdened Higher Courts: Delays at the lower judiciary level led to an accumulation of cases in appellate courts, compounding the backlog problem.
- Access to Justice: Delays disproportionately affect marginalized groups who may lack the resources to sustain long-term litigation, thus impeding their access to justice.
TECHNOLOGICAL REFORMS:
- E-Courts Mission Mode Project (2005): Initiated with the objective of Digitization of courts to create a paperless environment. Enhancing efficiency in case management and record-keeping. Facilitating secure and efficient access to legal information.
- National Judicial Data Grid (NJDG): Offers real-time data on over 40 million pending and disposed cases. Assists in identifying bottlenecks and improving judicial efficiency.
- Virtual Courts and Video Conferencing: 28 virtual courts operational in 21 states and Union territories. Over 5.08 crore cases processed. Collection of more than ₹561.09 crore in online fines as of May 31, 2024.
- SUPACE Project (2021): An AI-driven tool to assist judges with legal research and case management. It aims to reduce the time spent on routine tasks, allowing focus on core judicial functions. It ensures predictive Analysis by anticipating case outcomes based on data patterns. It reviews the documents automating the analysis of large volumes of legal documents.
- Online Dispute Resolution (ODR): It’s about Utilizing digital platforms for mediation and arbitration. It enables the parties to resolve disputes outside traditional court settings. It expedites dispute resolution, cost-effective and accessible, particularly for low-value disputes.
- Digital Document Management and E-Filing: It streamlines the filing procedures. It reduces paperwork and physical storage needs. It expedites pre-trial processes. It has use of mobile applications for serving summons. Their Features include photographic evidence, signatures, and GPS tracking. For instance, Delhi High Court E-Filing System and Rajasthan High Court’s Electronic Summons.
PROCEDURAL REFORMS:
- Amendments to the Civil Procedure Code (CPC): Order 18 Rule 4 Amendment (2002) allows the chief examination of witnesses through affidavits. Cross-examinations are conducted in court or by a commissioner. It Aims to expedite witness testimonies and reduce court time.
- Supreme Court Directives: Chief Justices of High Courts instructed to closely monitor long-pending cases. Civil court judges held accountable for adherence to procedural norms.
- Proactive Judicial Approach: Ensuring necessary documents are submitted promptly. Limiting unnecessary adjournments. Swift disposal of interlocutory applications and objections.
STRUCTURAL REFORMS:
- National Mission for Justice Delivery and Legal Reforms (2011): Upgrading court infrastructure with modern facilities. Increasing the number of judicial officers through accelerated recruitment. Implementing legislative reforms for procedural efficiency. ₹8,758.71 crore allocated for court infrastructure development.
- Filling Judicial Vacancies: Significant increase in judicial appointments since 2014. As of 2023, the sanctioned strength of High Court judges increased to 1,079. Ongoing efforts to reduce the vacancy rate, which stood at around 40% in High Courts.
- Fast-Track Special Courts: Set up to handle serious crimes like rape and offenses against children under the Protection of Children from Sexual Offences (POCSO) Act. Scheme extended from April 1, 2023, to March 31, 2026, with an outlay of ₹1,952.23 crore.
- Negotiable Instruments (Amendment) Act, 2018: Streamlines procedures related to cheque bouncing cases under Section 138 of the Negotiable Instruments Act. Introduces provisions for interim compensation to the complainant.
- Commercial Courts (Amendment) Act, 2018: Establishes commercial courts at the district level for speedy resolution of commercial disputes. Introduces mandatory pre-institution mediation to settle disputes outside courts.
THE CONCLUSION:
The integration of technology and procedural reforms represents a significant stride towards expediting civil trials in India. These reforms not only aim to reduce the backlog but also seek to restore public confidence in the justice delivery system. Timely justice is essential not only for the litigants but also for upholding the rule of law and democratic values.
UPSC PAST YEAR QUESTION:
Q. Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases? 2024
MAINS PRACTICE QUESTION:
Q. The Indian judiciary faces significant challenges in managing the backlog of civil cases, leading to prolonged delays in justice delivery. Critically examine the technological and procedural reforms being implemented to address this issue.
SOURCE:
Spread the Word