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Source: The post is based on the article “Data In The Dock – A little-noted flaw in the judicial system is the recording of incomplete & wrong information. This skews calculation of disposal rates, especially for old cases” published in The Times of India on 27th May 2023.
Syllabus: GS 2- Functioning of judiciary
Relevance: About the pendency of cases in the courts
News: The National Judicial Data Grid (NJDG) shows that 1,03,712 cases in the courts are more than 30 years old. This highlights the concerns over pendency of cases in the courts in India.
What is the situation of the pendency of cases in India?
Out of 1,03,712 cases, the two oldest civil cases are from 1952 and the oldest criminal case today is from 1958. This shows the grim situation of the legal system in India that plaintiffs/ defendants may even die awaiting justice.
Recently, the India Justice Report 2022 ranked states under four heads – police, prisons, judiciary and legal aid. Under judiciary, West Bengal ranks the worst among major states.
In 2017, the junior law minister informed Parliament the oldest civil case was in Rajasthan HC filed in 1956 and the oldest case filed in Madras HC was of 1952.
However, both the information was incorrect which also shows the need to correct data in e-court records.
The law minister further informed Parliament recently that there were no cases (civil or criminal) more than 50 years old pending before the Supreme Court. However, HCs have cases (civil plus criminal) more than 50 years old.
Therefore, it seems unlike SC, HCs and district courts haven’t focused on clearing old cases despite the 11th finance commission providing additional resources for fast-track courts meant to clear old cases.
Must Read: Pendency of Cases of Constitutional Importance – Explained
What can be the way ahead?
The funds for fast-track courts cannot alone solve the problem. There is also a need to focus on resolving the pendency of cases along with providing performance-linked resource-flow.
Further, e-courts work through a case information system (CIS). Therefore, under CIS, there is a need for a monitoring system, which should monitor the clearance of old cases by the judges.
Moreover, metrics in NJDG are based on case disposal with no special emphasis on old cases. Hence, emphasis in NJDG should be put in clearance of old cases along updating the correct data /information about the cases.
