Issues with the justice system in India

Source: The post issues with the justice system in India has been created, based on the article “Delays in justice delivery should not get to hold the country back” published in “Live Mints” on 5th August 2024

UPSC Syllabus Topic: GS Paper2- Polity- Judiciary

Context: The article discusses the significant delays in India’s justice system, citing over 50 million pending cases in courts and another 50 million in tribunals. It suggests reforms like better infrastructure, judge selection, alternate dispute mechanisms, and court management to address these delays.

For detailed information on Issues faced by the Indian judicial system read this article here

What are the issues with the justice system in India?

1. Pending Cases: Over 50 million cases are pending in various courts, with nearly 90% in district and subordinate courts.
2. Tribunals Backlog: Another 50 million cases are pending in tribunals, revenue boards, consumer courts, and information commissions.
3. Government Litigation: Governments are the main litigants in most cases.
4. Infrastructure Shortages: Courts lack adequate infrastructure and staff, leading to delays.
5. Judge Selection: The opaque collegium system and alleged favoritism hinder fair appointments.
6. Long Vacations: Colonial-era court vacations contribute to delays.
7. Frequent Adjournments: Excessive adjournments breach the rule of limiting to three per case.
8. Lack of Court Management: Unlike developed countries, India lacks a system to agree on case timelines at the admission stage.

9.Resistance to Reforms: Lawyers resist strict enforcement of adjournment rules.

What are the impacts of these issues?

1. Denial of Timely Justice: Millions of citizens are denied prompt justice due to backlog.
2. Economic Cost: Delays impact the economy, affecting businesses and citizens.
3. Undermine Fairness: Allegations of favouritism in appointing judges from 350 judicial families undermine fairness.
4. Inefficient Case Handling: Absence of effective court management leads to inefficient case handling, unlike in developed countries.

What should be done?

1. Implement National Litigation Policy: The union minister announced a draft policy to reduce government litigation. Some states already have litigation policies; Karnataka has a litigation law.
2. Enhance Infrastructure: Governments should ensure adequate infrastructure and staff in courts. Courts and tribunals should operate with minimal breaks and consider a shift system to handle pending cases.
3. Promote Alternate Dispute Resolution: Establish conciliation mechanisms, lok adalats, and grameen nyayalayas. Disincentives should be provided to deter frivolous litigants.
4. Revise Judge Selection Process: The NJAC Act aimed to make the process transparent but was struck down. Better compensation and gender balance should be ensured.
5. Reduce Court Vacations: Minimize long vacations and ensure courts work every day except public holidays.
6. Limit Adjournments: Enforce the rule of three adjournments strictly.
7. Implement Court Management Systems: Adopt systems to agree on case timelines at the admission stage. Utilize advanced technology for virtual hearings to expedite case disposal.

For detailed information on Judicial Reforms read this article here

Question for practice:

Discuss the key issues faced by the Indian justice system and suggest potential reforms to address these challenges.