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Source: The post causes of court delays in India has been created, based on the article “The gruelling course of litigation in India” published in “The Hindu” on 11th October is 2024
UPSC Syllabus Topic: GS Paper 2-Structure, Organization and Functioning of the Executive and the Judiciary
Context: The article discusses court delays in India, highlighted by President Droupadi Murmu. It explains that these delays discourage people from seeking justice. The judiciary needs better case management, and all participants should be incentivized to improve efficiency and reduce delays in the legal process.
For detailed information on Issue of long judicial delays in India read this article here
What are the causes of court delays?
- Fear of Lengthy Litigation: People hesitate to approach courts due to long, complicated processes, leading to “black coat syndrome,” similar to white coat hypertension.
- Poor Case Management: Case Flow Management Rules were introduced, but their inconsistent implementation has limited impact on streamlining court schedules.
- Judicial Pressures: District court judges face pressure from higher courts to meet disposal targets, leading to prioritization of specific cases and disruption of others.
- Units System: Judges prioritize simpler cases to accumulate points, neglecting complex cases that require substantial judicial intervention, contributing to further delays.
- Lawyers’ Strategic Decisions: Lawyers handle multiple cases, often seeking adjournments based on strategic factors, adding to scheduling issues.
- Stay Orders: Obtaining a stay is seen as a victory in civil cases, reducing the urgency for case resolution, thus increasing the backlog.
- Witness Scheduling Issues: Unpredictable court schedules discourage witnesses from appearing, causing trial delays.
What reforms are needed?
- A holistic approach is necessary to address court scheduling.
- Judges should be evaluated on managing complex cases, not just the number of cases disposed.
- Lawyers need better scheduling systems to reduce adjournments. Litigants should be discouraged from using delay tactics through stay orders.
- Witnesses should receive more predictable schedules and adequate compensation.
- Technological solutions and data-driven approaches can improve case management.
Question for practice:
Examine the causes of long judicial delays in India and the necessary reforms to address these delays.
