Judicial Delays and Reforming the System (GS Paper 2, Governance)
Introduction
- In her address at the two-day National Conference of the District Judiciary, President Droupadi Murmu highlighted a persistent issue in the Indian legal system: judicial delays.
- Characterizing this problem as the "Black Coat Syndrome," she underscored how prolonged judicial processes have deterred many, particularly from poorer, rural communities, from seeking justice due to the financial and emotional toll of navigating a sluggish legal system.
- Murmu’s call for reform to address the culture of adjournments and procedural delays is both timely and urgent.
The Persistent Problem of Judicial Delays
- The scale of the issue is staggering. According to data from the National Judicial Data Grid, over five crore cases are pending across various levels of the judiciary.
- This backlog reflects a system that is stretched beyond its capacity, marked by inadequate resources and an ever-growing caseload.
- Structural problems exacerbate this crisis, notably the severe shortage of judges.
- Currently, India has about 15 judges per 10 lakh people, a stark contrast to the 50 judges per 10 lakh recommended by the 120th Law Commission Report in 1987.
Current Efforts to Address the Backlog
Several measures have been undertaken to alleviate the burden on the judiciary:
- Expansion of Court Facilities: Additional courtrooms have been constructed to handle the volume of cases.
- E-Filing Systems: Updates to the e-filing system aim to streamline case management and filing processes.
- Pre-Litigation Dispute Resolution: Initiatives like Lok Adalats have been promoted to resolve disputes outside the courtroom.
Despite these efforts, they have not sufficiently mitigated the backlog. The effectiveness of these measures remains limited, and the pendency of cases continues to grow.
The Way Forward: Comprehensive Reform
To restore public confidence in the judiciary and address the fundamental issues plaguing the system, a comprehensive reform strategy is essential. Chief Justice D.Y. Chandrachud has outlined several key considerations for such a strategy:
- Long-Term Planning: A detailed, long-term plan is needed to address systemic issues without undermining the integrity of the judicial process. This plan should focus on increasing the efficiency of the judiciary while ensuring that justice is served adequately.
- Balancing Speed and Due Process: Reforms must strike a balance between accelerating case resolution and preserving the due process of law. Ensuring that cases are resolved promptly should not come at the expense of fairness and thoroughness.
- Increase in Judicial Appointments: To address the shortage of judges, there needs to be a significant increase in judicial appointments. This will help reduce the burden on existing judges and expedite the resolution of cases.
- Strengthening Support Staff: A shortage of support staff, who play a crucial role in the functioning of courts, must also be addressed. Adequate staffing is vital for the efficient and timely management of court processes.
Conclusion
- Judicial delays represent a significant challenge to the Indian legal system, affecting access to justice and undermining public confidence.
- President Murmu's identification of this issue as the "Black Coat Syndrome" brings critical attention to the need for reform.
- By implementing a comprehensive strategy that includes increasing judicial appointments, enhancing support staff, and maintaining a balance between speed and fairness, India can work towards a more effective and accessible judiciary.
- Addressing these issues with a robust, long-term plan will be crucial in ensuring that the judiciary can meet the demands of its citizens and uphold the principles of justice.
