Judicial Pendency

Tackle the issue of adjournments, case pendency

Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to case pendency;

Why in the News?

President Droupadi Murmu has called for an end to court delays. In the District Judiciary Conference, she said that frequent postponements make it hard for poor and rural people to seek justice, as they worry cases will take too long to resolve.

Primary Causes of Case Pendency and Frequent Adjournments in Indian Courts:

  • Judge-Population Ratio: India has a low judge-to-population ratio, with only 21 judges per million people as of 2024, far below the Law Commission’s recommended 50 per million.
  • Vacant Judicial Positions: Delays in filling judicial vacancies lead to understaffed courts, with 30% vacancies in High Courts, adding pressure on the existing judges.
  • Additional Judicial Charges: Judges often handle multiple courts or specialized responsibilities, detracting from their ability to focus on primary cases and adding to delays.
  • Complex Case Load: Courts are burdened by multiple types of cases, including civil, criminal, constitutional, and appeals, many of which end up in higher courts, leading to severe backlogs.
  • Lack of Judicial-Impact Assessment: New laws increase the caseload, but without assessing the impact on court infrastructure, staffing, and resources, exacerbating delays.
  • Delay in Witness Availability: Witnesses are often not available on time, which postpones court hearings and impacts trial timelines.

How can technology be leveraged to reduce case pendency?

  • Digitization of Case Records: Electronic records reduce administrative delays in case filing, retrieval, and transfer between courts.
  • AI-Powered Case Management Systems: AI can assist in case prioritization, track progress, and predict possible delays, enabling judges and clerks to streamline schedules more effectively.
  • E-Courts and Video Conferencing: Virtual hearings can expedite proceedings, especially for remote cases or minor disputes, saving travel and scheduling time.
  • Automation of Routine Processes: Automating administrative tasks like case status updates, notifications, and scheduling can reduce clerical delays and improve transparency for litigants.
  • Data Analytics for Judicial Insights: Predictive analytics can help in understanding case patterns, enabling policymakers to make data-driven decisions on judicial staffing and resources.

What reforms are necessary to improve judicial efficiency and reduce backlog? (Way forward)

  • Filling Vacancies and Enhancing Judge Numbers: Quick action on filling judicial vacancies is critical, along with increasing sanctioned positions to meet the demands of the population and growing caseload.
  • Implementing Judicial-Impact Assessments: Adopting the recommendations of the Justice M. Jagannadha Rao Committee for pre-legislative impact assessment would ensure adequate resources accompany new laws.
  • Expanding Mediation and Alternative Dispute Resolution (ADR): Scaling up mediation centers and incentivizing ADR methods can resolve disputes outside court, decreasing the burden on the judiciary.
  • Dedicated Special Courts: Establishing well-staffed, specialized courts for specific categories (e.g., economic offenses, family disputes) would help reduce strain on regular courts.
  • No Additional Charge Policy for Judges: Assigning a single focus area per judge ensures concentration on cases without undue burdens, leading to higher efficiency and better judgment quality.
  • Periodic Judicial Training: Regular training on case management and technological tools can empower judges and court staff to adapt to evolving needs, reducing inefficiencies.

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