Issue of long judicial delays in India

Source: The post issue of long judicial delays in India has been created, based on the article “Express View on judicial delays: Time for reform” published in “Indian Express” on 3rd August 2024 

UPSC Syllabus Topic: GS Paper2- Polity- Judiciary 

Context: The article discusses the issue of long judicial delays in India, highlighted by President Droupadi Murmu. It emphasizes the need for reforms to address these delays, which strain citizens, by balancing the speed of justice with maintaining its integrity. 

For detailed information on Issues with the justice system in India read this article here 

What Did President Droupadi Murmu Say About Judicial Delays? 

1. President Droupadi Murmu discussed the problem of judicial delays at a National Conference of the District Judiciary. 
2. She called it the “Black Coat Syndrome,” referring to the financial and mental strain that people, especially the poor, face when dealing with prolonged court cases. 
3. She questioned how long a case should take, mentioning examples of cases taking decades.

What are the Reasons for Judicial Delays? 

1. Prolonged Case Durations: Cases can take decades to resolve, like the 32-year delay in the Ajmer POCSO case.
2. Litigation Fatigue: People withdraw cases due to repeated court appearances, as seen in the Delhi High Court case.
3. Overburdened System: According to the National Judicial Data Grid, over five crore cases are pending at different levels of the judicial system. 
4. Shortage of Judges: India has only 15 judges per 10 lakh people, far below the 50 judges per 10 lakh people recommended by the Law Commission in 1987.
5. Lack of Support Staff: Insufficient staff hampers timely court functions.
6. Ineffective Reforms: Measures like e-filing and Lok Adalats have not significantly reduced delays.

What Steps Have Been Taken to Address This Issue? 

1. Addition of Courtrooms: More courtrooms have been added to manage the increasing caseload, but the impact has been minimal.
2. Updated E-filing System: An updated e-filing system has been introduced to streamline case filings, yet delays persist.
3. Pre-litigation Dispute Resolution: Strategies like Lok Adalats have been used to resolve disputes before they reach the courts.

What Should be Done? 

1. A long-term plan is needed to address judicial delays without compromising the integrity of the justice system. 
2. The Chief Justice of India (CJI) outlined a three-stage plan to tackle this issue. 
3. The demand for faster justice has increased, especially after recent cases of violence against women. 
4. However, any reforms must balance the need for speed with ensuring justice is properly served.

Question for practice: 

Discuss the reasons for judicial delays in India and the steps that have been taken to address these issues.