Why in the News?

At the National Conference of the District Judiciary, President Droupadi Murmu emphasized the problem of court delays. She pointed out that these delays are causing people to hesitate in approaching the courts.

What are the primary causes of delays in the Indian judicial system?

• Ineffective Case Management: The lack of proper scheduling and timelines for filing documents, examining witnesses, and scheduling hearings leads to inefficiencies and prolonged delays.
  • Lawyers often seek adjournments due to unpredictable scheduling or strategic reasons, leading to repeated postponements of hearings.
• Overburdened Judges: District court judges are often under pressure to prioritize cases based on higher court directives, skewing case management in favor of meeting deadlines rather than ensuring timely justice.
• Incentive Structure for Judges: The “units system” rewards judges for disposing of simpler cases, often causing more complex cases to be delayed or neglected.
• Extended Stays and Interim Orders: Litigants may use stays as a strategic delay tactic, reducing the urgency to resolve cases quickly.
• Unpredictable Witness Testimonies: Disruptions in the court schedule and procedural delays make it difficult for witnesses to attend court, further contributing to trial delays.

What impact do these delays have on public perception and access to justice?

• Erosion of Trust: Delays make the judicial process appear slow and ineffective, leading to public hesitation in approaching courts, fearing that litigation will complicate their lives.
• Increased Legal Costs: Prolonged cases escalate legal costs for litigants, making justice unaffordable for many.
• Reluctance to Seek Justice: The “black coat syndrome” highlights how people avoid courts due to the fear of endless adjournments and delays, diminishing access to timely justice.
• Backlog of Cases: The increasing backlog due to delays creates further congestion in the judicial system, perpetuating a cycle of inefficiency.

How can reforms improve the efficiency of the judiciary? (Way forward)

• Improved Case Management Systems: Implementation of Case Flow Management Rules with a focus on enforcing timelines for hearings and case disposal can streamline the process.
• Reformed Incentive Structures: Reform the “units system” to incentivize judges to handle complex cases more efficiently rather than prioritizing simpler ones.
• Predictable Scheduling for Lawyers: Providing clear scheduling information to lawyers can reduce unnecessary adjournments and improve case flow.
• Review of Stay Orders: Limiting the duration of stay orders and making them subject to regular review can discourage their misuse as delay tactics.
  • Introducing real-time case management systems to track case progress and monitor delays could enhance judicial efficiency.
• Support for Witnesses: Offering financial compensation and providing predictability in court appearances can encourage witnesses to testify without unnecessary delays.

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