| Introduction: Contextual Introduction Body: Highlight the role of case management and scheduling delays and suggest holistic reforms. Conclusion: Way forward |
Judicial delays in India are a persistent issue, leading to public disillusionment with the legal system. Such delays discourage people from approaching courts, known as ‘black coat syndrome.’ A significant cause of these delays is the ineffective case management and court scheduling practices in Indian courts, particularly at the district level.
Role of Case Management and Scheduling in Delays
- Inefficient Case Flow Management: Although Case Flow Management Rules were introduced to streamline judicial processes, their inconsistent implementation has failed to provide a predictable and efficient system. Judges often have to prioritize cases based on higher courts’ directives, leading to uneven distribution of resources.
- Unit System for Judge Performance Evaluation: Judges in the district judiciary are evaluated through a unit system, where they receive points based on the type and number of cases disposed of. This encourages judges to focus on simpler cases that are easier to dispose of, allowing them to accumulate units more quickly.
- Witness Scheduling Issues: Witnesses face unpredictable schedules due to procedural delays and frequent adjournments. Their lack of certainty regarding testimony dates disrupts their personal and professional lives, discouraging their court appearances.
Holistic Reforms to Address the Issue
- Reforming the Unit System for Judges: The unit system needs to be restructured to encourage judges to focus on complex cases that require substantial judicial intervention.
- Strengthening Case Management Rules: Case Flow Management Rules should be strictly enforced across all courts, with clear timelines for case progression, document filings, and witness examinations.
- Incentivizing Witness Participation: Witnesses play a crucial role in trials, particularly in criminal cases. Courts should provide advance notice of testimony dates and offer sufficient compensation to witnesses beyond just travel expenses.
- Penalties for Unnecessary Delays: Courts should adopt stricter policies against unnecessary adjournments and impose penalties on lawyers or litigants who deliberately delay proceedings. At the same time, lawyers who adhere to schedules and contribute to the timely resolution of cases should be rewarded, creating a system of positive incentives.
Conclusion
Reforms must go beyond procedural rules and focus on incentivizing judges, lawyers, litigants, and witnesses to adhere to schedules. By introducing technological solutions, reforming the unit system, and addressing the behavioral aspects of stakeholders, India can move toward a more efficient and predictable judiciary. A holistic approach is essential to ensure that justice is not only delivered but delivered on time.
