Source: The Hindu 

Introduction 

India's President recently spoke about how court delays scare people away from seeking justice - she called it 'black coat syndrome.' People are afraid that going to court will just make their lives more complicated, with endless delays, appeals, and high costs. A big part of this problem is how courts schedule and manage cases. 

What are the Causative Factors of Delay in Courts? 

• Structural Impediments 
  • The current "units' system" for judicial performance evaluation incentivizes the disposal of simpler cases, leading to the neglect of complex matters requiring substantial judicial intervention. 
  • Higher courts' directives for expedited case disposal often disrupt district courts' scheduling, creating an imbalance in resource allocation and exacerbating overall delays. 
  • Statutory timelines for case disposal are frequently extended beyond prescribed limits, with higher courts generally condoning such delays on appeal. 
• Procedural Challenges 
  • The lack of effective case management systems results in unpredictable hearing schedules; 
  • Lawyers, managing multiple cases across different courts, strategically select which matters to attend based on various factors, leading to frequent adjournments; 
  • The liberal granting of stay orders and interim reliefs diminishes the incentive for expeditious case resolution. 
• Stakeholder Behavior 
  • Judges face professional disincentives to strictly enforce timelines, risking being labeled "difficult" and potentially affecting their career progression. 
  • Lawyers may deliberately delay proceedings when perceiving a likelihood of adjournment or when expressly requested by clients. 
  • Witnesses face significant personal and financial burdens due to unpredictable court schedules, often leading to non-appearance and further delays. 

What are the Proposed Reforms to Resolve the Delay in Proceedings? 

• Systemic Reforms 
  • There exists a need for comprehensive reform of the judicial evaluation system: 
    • Implementation of a modified performance assessment framework that values the resolution of complex cases;  
    • Introduction of metrics that measure adherence to prescribed timelines and effective case management;  
    • Development of mechanisms to recognize and reward judges who maintain efficient court schedules. 
• The following measures be adopted: 
  • Establishment of a standardized, technology-driven case management system;  
  • Implementation of strict guidelines for granting adjournments and stay orders; 
  • Introduction of a scheduling system that provides greater predictability for all stakeholders. 
• Procedural Improvements 
  • Courts shall:  
    • Adopt data-driven approaches to identify and address scheduling bottlenecks;  
    • Implement real-time monitoring of case timelines;  
    • Utilize technology for better coordination between different levels of courts. 

How can Judicial and Professional Ethics Enhance the Right to Speedy Justice? 

• Judicial Ethics 
  • The right to speedy justice is fundamental to the rule of law:  
    • Judges have an ethical obligation to ensure timely disposal of cases; 
    • The judiciary must balance efficiency with the need for thorough and fair hearings; 
    • Judicial independence must be maintained while implementing scheduling reforms. 
• Professional Ethics for Lawyers 
  • The lawyers have an ethical duty to:  
    • Refrain from seeking unnecessary adjournments; 
    • Prioritize the interests of justice over client preferences for delay;  
    • Actively participate in case management initiatives. 
• Justice delivery institutions must uphold ethical standards: 
  • Courts should ensure equal access to justice for all litigants; 
  • Administrative staff must maintain integrity in scheduling and record-keeping;  
  • Institutions should prioritize transparency in their functioning;  
  • Courts must ensure protection of vulnerable litigants and witnesses;  
  • The system should promote accountability at all levels. 

What Short-term and Long-term Measures can Improve Judicial Efficiency and Speedy Justice? 

• Short-term Measures 
  • Implementation of e-filing systems in all courts;  
  • Training programs for judges and staff on case management;  
  • Establishment of monitoring mechanisms for adherence to timelines;  
  • Introduction of penalties for frivolous adjournments;  
  • Creation of specialized benches for different categories of cases. 
• Long-term Initiatives 
  • Development of AI-assisted tools for case scheduling and management;  
  • Creation of integrated databases across all courts; 
  • Implementation of comprehensive judicial impact assessment mechanisms; 
  • Establishment of specialized tribunals for specific categories of disputes; 
  • Regular review and updating of procedural laws to enhance efficiency. 

Conclusion  

To fix court scheduling, we need to look at the whole picture - not just make new rules. This means changing how judges are evaluated, giving lawyers better scheduling info, discouraging delay tactics, and making things easier for witnesses. Using technology could help too, but we have to remember there are real people involved - without considering that, any new procedures won't really solve the problem.