Mentor’s Comment:  UPSC Prelims have focused on ‘appointment of judges of higher judiciary in India’ (in 2017), and  ‘Arbitration and Conciliation’ (2015).

Every Chief Justice of India and senior member of the higher judiciary faces the persistent challenge of case backlogs. Currently, the Supreme Court has around 82,000 pending cases, High Courts have over 62 lakh, and lower courts nearly five crores. About 50 lakh cases have been pending for over 10 years. India can address its legal backlog by adopting mediation as an effective solution for faster and amicable dispute resolution. 

Today’s editorial discusses the pending cases in the Supreme Court and explores alternative solutions. This is useful for GS Paper 2 (Polity) in the UPSC Mains.

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Let’s learn!

Why in the News?

Recently, the Supreme Court has around 82,000 pending cases, High Courts have over 62 lakh, and lower courts have nearly five crores.

How can court case backlogs be transformed into valuable resources?

• Promoting Mediation and Alternative Dispute Resolution (ADR): Identify and refer suitable cases (e.g., family disputes, commercial disagreements) for mediation to reduce court workload. Example: The Delhi High Court Mediation and Conciliation Centre has successfully resolved thousands of cases through mediation, reducing pendency and fostering amicable settlements.
• Leveraging Data Analytics for Case Management: Use AI and data analytics to categorize cases by complexity, urgency, and likelihood of settlement for faster resolution. Example: The Supreme Court’s SUPACE (Supreme Court Portal for Assistance in Court Efficiency) uses AI to assist judges in analyzing and prioritizing cases.
• Expanding Fast-Track and Special Courts: Establish dedicated courts for high-pendency areas like cheque-bouncing cases (Section 138 of the Negotiable Instruments Act) and sexual offenses. Example: Fast-track courts for rape cases under the POCSO Act have expedited justice delivery in many states, reducing backlog in sensitive matters.
• Implementing E-Courts and Digital Filing: Shift to e-filing and virtual hearings to streamline processes and reduce procedural delays. Example: The E-Courts Project has enabled online case filing and digital record management, reducing paperwork and improving case tracking.
• Imposing Costs for Frivolous Litigation: Introduce punitive costs for unnecessary appeals and frivolous cases to discourage misuse of the judicial system. Example: The Supreme Court has imposed heavy fines in cases of “Public Interest Litigations” (PILs) found to be motivated by personal agendas.

Should India consider adopting mediation as a dispute resolution method?

• Faster and Cost-Effective Resolution: Mediation is quicker and less expensive than prolonged litigation, saving time and financial resources for both parties. Example: In commercial disputes, companies like Tata and Reliance have used mediation to resolve conflicts, avoiding lengthy and costly legal battles.
• Preserving Relationships: Mediation focuses on mutual agreement, fostering cooperation and maintaining relationships, which is crucial in family and business matters. Example: Matrimonial disputes in family courts are often referred to mediation, leading to amicable settlements and reducing emotional distress.
• Encouraging Confidentiality and Flexibility: Mediation proceedings are confidential, protecting sensitive information and offering flexible solutions tailored to the parties’ needs. Example: Intellectual Property (IP) disputes in the Bombay High Court have been successfully mediated, protecting trade secrets while resolving conflicts.
• Global Best Practice Alignment: Many countries, including the United States and Singapore, prioritize mediation to resolve civil and commercial disputes efficiently. Example: India’s Commercial Courts Act, 2015, mandates pre-institution mediation for commercial cases, aligning with international standards and reducing case influx.
• Reducing Judicial Backlog: Mediation can significantly reduce the burden on courts by resolving disputes outside the formal judicial system. Example: The Delhi Dispute Resolution Society has successfully mediated thousands of civil and matrimonial disputes, easing pressure on the Delhi High Court.

Way forward: 

• Strengthen Mediation Infrastructure: Expand court-annexed mediation centres, train mediators, and promote online dispute resolution (ODR) to enhance accessibility and efficiency.
• Policy and Public Awareness: Implement awareness campaigns to encourage mediation adoption and introduce incentives for parties choosing alternative dispute resolution methods.

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