Tackle the issue of adjournments, case pendency
Source: The Hindu
Create an editorial analysis on the following content " Tackle the issue of adjournments, case pendencyThe President of India, Droupadi Murmu, recently said that the culture of judicial adjournments
For Prelims:
- Key Statistics:
- Judge-population ratio: 21 judges per million (2024)
- Law Commission recommendation: 50 judges per million
- High Court sanctioned strength: 1,114 judges
- Current High Court strength: 770 judges (30% vacancy)
- Supreme Court strength: 34 judges
- Important Constitutional Amendments:
- 42nd Constitutional Amendment Act, 1976: Introduced tribunal system
- Key Articles and Legal Provisions:
- Article 136: Supreme Court's special leave petition
- Code of Civil Procedure
- Criminal Procedure Code
For Mains:
GS II: Governance and Constitution - Judicial System
A) Structural Challenges:
- Low judge-population ratio
- High vacancy rates in judiciary
- Multiple additional charges to single judges
- Lack of judicial impact assessment
- Delay in witness production
Context:
President Droupadi Murmu's recent remarks at the National Conference of District Judiciary highlight the urgent need to address the culture of judicial adjournments and case pendency. The issue affects access to justice, particularly for vulnerable sections of society, and requires systematic reforms at multiple levels.
President Droupadi Murmu's recent remarks at the National Conference of District Judiciary highlight the urgent need to address the culture of judicial adjournments and case pendency. The issue affects access to justice, particularly for vulnerable sections of society, and requires systematic reforms at multiple levels.
Highlights of the Article
- The issue of judicial delays impacts fundamental right to justice
- Current reforms are inadequate to address systemic challenges
- Need for both short-term and long-term structural changes
- Importance of balancing quality with quantity in justice delivery
UPSC EXAM NOTES ANALYSIS
1. Delayed Justice
- During British rule and following India's independence, civil courts addressed a range of civil matters based on the Code of Civil Procedure, while criminal cases were handled by criminal courts according to the Criminal Procedure Code. Additionally, constitutional matters were overseen by the Supreme Court and High Courts through the issuance of writs and their appellate jurisdiction. These judicial bodies continue to operate today.
- To alleviate the case backlog in civil courts, the tribunal system was established by the 42nd Constitutional Amendment Act in 1976, allowing for the resolution of specialized issues. Furthermore, special laws were enacted to create specific forums or courts for these matters.
- Many of these laws stipulate timelines for case adjudication. Occasionally, in response to public pressure—such as in the high-profile case involving the rape and murder of a woman doctor in Kolkata—provisions are made for expedited resolutions. However, compliance with these statutory timelines is rare.
- Several factors contribute to this issue, including the judge-to-population ratio. As of 2024, the Law Minister indicated in the Lok Sabha that there are only 21 judges per million people, significantly lower than the 50 judges per million recommended by the 120th report of the Law Commission of India.
- Additionally, delays in filling judicial vacancies, the practice of assigning one judge multiple court responsibilities, the lack of prior judicial impact assessments for new legislation, and significant delays in producing witnesses in court also exacerbate the problem
2. Number of Judges
- Regarding the backlog of cases in High Courts, as of December 31, 2023, the sanctioned number of judges stands at 1,114, which is significantly lower than needed based on the population and the volume of cases filed. As of October 30, 2024, only 770 judges are in place, representing a vacancy rate of 30%.
- High Courts handle various matters, including writ cases as mandated by the Constitution, and possess powers for appeals, revisions, transfers, quashing decisions, granting bail, and addressing contempt, among other functions.
- In 2021, the functions of six specialized tribunals were transferred to High Courts, further contributing to the accumulation of pending cases. On average, it can take six to seven years to resolve a case in these courts.
- In the case of the Supreme Court, it operates close to its full capacity of 34 judges. However, there are around two dozen laws that allow for direct appeals to this court, in addition to its writ and appellate functions.
- Many decisions, particularly those arising from High Court rulings in northern India, are appealed to the Supreme Court under Article 136, leading to a significant backlog of cases.
- Judges across all levels, from the district courts to the Supreme Court, are working diligently to address the mounting case loads. For instance, a magistrate in a criminal court is tasked with managing regular case calls, processing new cases, conducting trials, issuing judgments, handling arrests (remands), addressing private complaints, granting bails, recording dying declarations, and performing various other duties.
- If the magistrate is also given the responsibility of another court, the workload increases significantly.
- This excessive burden, often involving around 100 cases a day, can lead to substantial mental stress for judges. Consequently, this stress may hinder their ability to focus while drafting judgments, which can result in errors and further delays in the judicial process
3. Conclusion
Mediation is regarded as an alternative approach for resolving disputes, requiring the agreement of both parties to reach a mutually acceptable solution. However, due to the tendency of at least one party to prefer a contentious court battle, it is crucial to implement the recommendations of the Justice M. Jagannadha Rao Committee, which called for a "judicial impact assessment" for all legislation. The committee recommended that every proposed Bill should evaluate the potential costs associated with new cases that could arise, outline the expected number of civil and criminal cases, and identify the necessary courts, judges, staff, and infrastructure needed. The committee's findings were even praised by the Supreme Court in the case of Salem Advocate Bar Association (II) vs Union of India (2005). Furthermore, it is essential for the High Court and the relevant state government to work together to initiate the process of filling proposed vacancies in the district judiciary at least six months in advance. Additionally, judges should not be assigned extra responsibilities to ensure they can focus fully on the cases in their own courts
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Mains Practice Questions
1.Discuss the implications of judicial delays on the access to justice for marginalized communities in India. What measures can be taken to expedite judicial processes?
2.Evaluate the effectiveness of mediation as an alternative dispute resolution mechanism in India. How can it be promoted to reduce case pendency in courts?
3.Analyze the impact of judicial vacancies on the efficiency of the Indian judicial system. What strategies can be employed to address the shortage of judges?
4.Explain the significance of conducting a judicial impact assessment for new legislation. How can it help in managing case loads and judicial resources effectively?
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