Source: The Indian Express

Introduction

The debate over judges' work hours and vacations resurfaces, fueled by remarks suggesting they work only a few hours a day and take long breaks. However, fixating on the number of days judges sit overlooks deeper issues contributing to case backlog. Blaming vacations implies that longer hours on the bench would solve all issues, which oversimplifies the problem. It's essential to address systemic inefficiencies and modernize processes rather than focusing solely on judges' schedules.

Blaming court vacations for case pendency overlooks the deeper issues contributing to the backlog in judicial systems. While court vacations may indeed play a role in delaying the resolution of cases, they are often symptomatic of larger systemic challenges within the judicial system.

Why does the Indian Judiciary Experience a Higher Pendency of Cases?

• Judicial Shortage: A scarcity of judges in the Indian judiciary leads to a backlog of cases awaiting adjudication, causing delays in case resolution.
• Infrastructure Deficiency: Many courts lack adequate infrastructure and resources to efficiently handle the volume of cases, exacerbating delays in case disposal.
• Complexity of Cases: Certain cases are inherently intricate and require extensive time and resources for resolution, contributing to delays in the judicial process.
• Procedural Delays: Legal procedures may be prolonged due to issues such as difficulties in locating witnesses or delays in procuring evidence, leading to delays in case resolution.
• Weak Enforcement: Inadequate enforcement of court orders results in further delays as cases linger without timely implementation of judgments.
• Rising Legal Awareness: Increased legal awareness among the populace has led to a surge in the number of cases being filed. Additionally, mechanisms like Public Interest Litigation (PIL) have expanded avenues for legal recourse, adding to the caseload.

What is the Impact of Pending Cases on the Justice Delivery System in India?

• Backlogged cases cause significant delays, stretching for years or even decades.
• Judges lack time to thoroughly assess cases, affecting the quality of justice.
• Courts are overburdened, hindering timely case resolution.
• Public trust in the legal system diminishes due to prolonged delays.
• Litigants face financial strain from prolonged legal proceedings.
• Victims and witnesses suffer injustice, with memories fading or becoming untraceable.
• Economic growth is hampered as unresolved legal disputes stall or delay business activities.

What is National Judicial Data Grid (NJDG)?

• About
  • The NJDG was developed by NIC under the Central Government Ease of Doing Business initiative.
  • It is a part of e-Courts Integrated Mission Mode Project which has been under implementation since 2007.
    • Phase I of the project was implemented during 2011-2015.
    • Phase II of the project started in 2015 to computerize District and Subordinate Court’s data. However, data of these courts were updated on NJDG portal on 7^th August 2013.
    • NJDG for High Courts was launched by Shri. K.K. Venugopal on 3^rd July 2020.
    • From 2023, SC data is also available on the portal.
  • Its primary purpose is to monitor the status of pending and resolved cases within SC, HCs and Subordinate Courts.
• Pending cases in Supreme Court (2024)
  • Civil cases – 64598
  • Criminal cases – 17509
  • Total cases - 82107
• Pending cases in top High Court (2024)
  • Allahabad High Court – 1073045
  • Bombay High Court – 718495
  • Calcutta High Court - 192412

What are the Reasons for Vacant Vacancies in the Indian Judiciary?

• Delay in Appointments: The appointment process for judges can be lengthy and complex, leading to delays in filling vacant positions.
• Lack of Qualified Candidates: Sometimes, there may be a shortage of suitable candidates with the necessary qualifications and experience to fill judicial vacancies.
• Administrative Bottlenecks: Administrative issues within the judiciary, such as delays in conducting interviews or processing applications, can contribute to vacancies.
• Interference or Political Considerations: Political interference or considerations in the appointment process can also lead to delays or vacancies in the judiciary.
• Attrition and Retirement: Judges may retire or resign from their positions due to various reasons, creating vacancies that need to be filled.

Way Forward

• Increasing Strength of Judicial Service: One of the solutions is to substantially increase the strength of the judicial services by appointing more judges at the subordinate level — improvements must start from the bottom of the pyramid.
  • Strengthening the subordinate judiciary also means providing it with administrative and technical support and prospects for promotion, development and training.
  • Institutionalizing All-India Judicial Service can be a step in the right direction.
• Adequate Budgeting: The appointments and improvements will require significant but absolutely necessary expenditure.
  • The recommendations of the Fifteenth Finance Commission and the India Justice Report 2020 have raised the issue and suggested ways to earmark and deploy funds.
• Hibernating Unnecessary PILs: The Supreme Court should mandate summary disposal of all ‘hibernating’ PILs – those pending for more than 10 years before HCs – if they do not concern a question of significant public policy or law.
• Correcting Historical Inequalities: Reforms in Judiciary should also encompass addressing social inequalities within the judiciary.
  • Women judges, and judges from historically marginalized castes and classes must finally be given a fair share of seats at the table.
• Promoting Alternative Dispute Resolution: It should be mandated that all commercial litigation will be entertained only if there is an affidavit from the petitioner that mediation and conciliation have been attempted and have failed.
  • Mechanisms such as ADR (Alternate Dispute Resolution), Lok Adalats, Gram Nyayalayas should be effectively utilised.