Judicial pendency

Related facts:

• • According to National Judicial Data Grid:
    • 81274 cases are pending in Supreme Court
    • 6243213 cases pending in High Courts, of which about 50% of the cases are more than 5 years old.
  • From 2010 to 2020, case pendency across all courts increased at an annual rate of 2.8%.

Reasons for high pendency

• • Shortage of judges
  • Inadequate infrastructure
  • Complex legal procedures
  • Increased legal awareness
  • Proliferation of PILs

Impact:

• • Delayed justice
  • Compromised quality of justice
  • Judicial overload
  • Erosion of public trust
  • Financial strain on litigants
  • Hinder business activities, affecting economic growth.

Steps taken:

• • Virtual Courts to ensure wider access and efficiency.
  • E-courts Portal to provide stakeholders access to case information.
  • E-filing System for electronic submission of documents, saving time and resources.
  • Interoperable Criminal Justice System (ICJS): It integrates main pillars of criminal justice, i.e., Police (CCTNS), Courts (e-Courts), Jails (e-Prisons), Forensic Lab (e-Forensic) and Prosecution (e-Prosecution).
  • Fast Track Courts: Specialized courts set up for quicker disposal of cases.
  • Alternative Dispute Resolution (ADR): Mechanisms such as Lok Adalats and mediation to resolve disputes outside traditional courts.

Way forward:

• • The Law Commission of India (1987) has recommended to increase the judge-to-population ratio to 50 per million.
  • Enhance Use of Technology like e-Courts and case management systems to streamline legal procedures and minimize delays.
  • Improve Enforcement by reducing unnecessary appeals and re-litigation.
  • Encourage Specialization in Judiciary for handling complex matters such as corporate disputes and cybercrimes.
  • Reduce frivolous litigation to prevent unnecessary burden on courts.