Issues faced by the Indian judicial system

Source: The post issues faced by the Indian judiciary system has been created, based on the article “We need judicial system reforms to ensure swift disposal of cases” published in “Live mints” on 3rd April 2024.

UPSC Syllabus Topic: GS Paper 2- Polity- Judiciary

News: The article discusses the problem of over 10 million pending cases in India’s courts. It focuses on the need for reform in the judicial system, like limiting adjournments, using technology, and improving court management to make the process faster and more efficient.

For details information on Judicial reform read Article1, Article2, Article3

What are the issues faced by the Indian judiciary system?

Overwhelming Case Backlog: Over 10 million cases are pending in Indian courts, leading to significant delays.

Frequent Adjournments: More than half of the cases exceed the three-adjournment limit, contributing to delays.

Staff Shortage: Courts operate with insufficient staff regardless of the number of cases, affecting efficiency.

Ineffective Court Management: Lack of clear timelines and effective management strategies slow down case processing.

Technology Underutilization: Despite potential benefits, technological solutions like e-filing and video conferencing are not fully integrated.

What are the impacts of these issues?

Prolonged Detention: With 77.1% of over 500,000 inmates in 2021 awaiting trial, prolonged pre-trial detention is a major issue.

Business Challenges: The slow judicial process hinders ‘ease of doing business,’ affecting economic growth and investor confidence.

Public Trust Erosion: The unreliability and inefficiency of the judiciary decrease public trust in the legal system.

What should be done?

Strict Enforcement of Three-Adjournment Rule: Limit adjournments per case to three to avoid unnecessary delays, as currently, more than half of the cases exceed this limit.

Improve Court Management: Adopt clear timelines for each case, a practice effective in developed countries but lacking in India.

Enhance Staffing in Courts: Address the staff shortage, as courts often have the same number of staff regardless of the increase in case files.

Integrate Technology Effectively: Fully utilize e-filing and video conferencing, proven useful during the COVID-19 pandemic, to expedite cases.

Implement NCMS Policy and NFCE: Fully enforce the National Courts Management Systems policy and the National Framework of Court Excellence to establish performance benchmarks and improve court operations.

Monetary Disincentive for Adjournments: Introduce fines, such as ₹10,000 for the first adjournment, doubling for subsequent ones, to discourage unnecessary delays.

Social Audit of Judiciary Policies: Conduct social audits of policies like NCMS to ensure their effectiveness and enhance judicial efficiency.

Question for practice:

Examine the potential impacts of the overwhelming case backlog and frequent adjournments on India’s judicial system.