Source: Hindustan Times

Introduction

The Indian judiciary is considered as the backbone of the democratic system. However, one of the persistent challenges plaguing the Indian legal system is the frequent adjournment of court proceedings. Adjournments, or the postponement of hearings, have become a routine occurrence, leading to significant consequences for the efficiency and effectiveness of the judicial process in India.

Recently, Chief Justice of India D Y Chandrachud mentioned that in the past two months, lawyers have requested adjournments in 3688 cases including cases listed for urgent hearings.

What are the Causes of Adjournments?

• Case Overload:
  • The Indian judiciary is burdened with an overwhelming caseload, leading to a strain on resources.
  • Overworked judges and court staff often struggle to manage the huge volume of cases, making it difficult to adhere to strict timelines.
• Procedural Delays:
  • The diverse legal procedures and documentation requirements contribute to delays.
  • The need for a strict adherence to procedural formalities often leads to adjournments as parties may not be adequately prepared.
• Lawyer Unavailability:
  • The unavailability of lawyers due to personal or professional commitments is a common cause of adjournments.
  • Legal practitioners may have multiple cases scheduled on the same day, resulting in requests for postponement.
• Witness Unavailability:
  • The absence of key witnesses is another factor leading to adjournments.
  • Coordinating the schedules of multiple parties involved in a case can be challenging, causing delays in the legal proceedings.

What is the Aftermath of Adjournments?

• Litigants, particularly those from socio-economically disadvantaged backgrounds, often face financial strain due to prolonged legal battles.
• Delays in the resolution of cases can lead to frustration and a loss of faith in the judicial system.
• Unnecessary adjournments result in additional expenses related to legal fees, court fees, and other associated costs.
• This financial burden can be particularly challenging for individuals and smaller businesses.
• The cumulative effect of adjournments is the creation of a backlog of cases, leading to congestion in the courts.

What are the Measures to Tackle the Challenges due to Adjournments?

• Implementing judicial reforms to streamline procedures and reduce the burden on the courts is essential.
• The adoption of technology for case management, training programs for judges and court staff, and other measures to enhance the efficiency of the judicial system.
• Setting realistic timelines for proceedings, closely monitoring the progress of cases, and imposing consequences for unnecessary delays can contribute to a more efficient legal process.
• Encouraging the use of alternative dispute resolution mechanisms, such as mediation and arbitration.

Conclusion

The delay in Indian courts has many effects, not just on the people involved in legal cases but also on how well the judicial system works and how much people trust it. Fixing this problem needs a big plan that includes changing how the courts operate, making the legal process smoother, and a promise to make things happen faster. Only when everyone works together to reduce delays can the Indian courts really do their job of making sure justice is done fairly for everyone in the country.