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बेसिक इंग्लिश का दूसरा सत्र (कक्षा प्रारंभ : 22 अक्तूबर, शाम 3:30 से 5:30)
Q. Pendency of Cases and Overburdened Judiciary: Comment on the present status of India Judicial System with specific reference to pendency of cases.
Apr 26, 2016 Related to : GS Paper-2

Ans :

Presently, India judicial system is overburdened with phenomenal growth in litigations and very low disposal rate. Our judicial system is not equipped with appropriate resources, hence there are more than 3 crore cases are pending in various courts.

Present status-

  • There is phenomenal growth in the litigation. There are about 5 crore of cases are filled every year, but our judiciary is equipped to dispose only about 2 crore cases. Currently, the country has a judicial strength of a mere 18,000, while more than 3 crore cases are pending in various courts.

  • There are more than 60 thousand cases are pending in the Supreme Court, which consists of only 31 judges. Similarly more than 38 lakh cases are pending in various High Courts, where as about 434 posts of High Court judges are vacant.

  • Law commission in 1987 had recommended 40,000 judges in the country to solve the problem of pendency of that time. Its report had said that there were only 10 judges to a 10 lakh population when there should be at least 50 judges per 10 lakh population.

Impact-

  • Considering the current statistics it could take anywhere between 350 to 400 years to clear the entire backlog.

  • The huge pendency of cases has widespread impact, as legal maxim says Justice delayed is justice denied. It will affect the rights of citizens and poor legal protection urges Indians to be risk-averse as a matter of course, with significant economic and social implications.

  • It also affects the economic activities, as investor seeks proper justice delivery mechanism. Poor legal protection make investors doubtful about the timely delivery of justice, hence they may hesitate to invest in India.

Suggestions-

  • First of all, there is need of increasing the number of judges. Law commission has recommended for increasing the number of judges to fivefold.

  • Efforts should be made to ensure the simplification of complex procedures and laws. This would not only helps in speedy disposal of cases but sharply reduce the volume of litigation.

  • Strengthening the strong Alternate Dispute Resolution (ADR) system with limited interference from the court will definitely decrease the burden on judiciary.

  • Also there is need to ensure proper infrastructure of the courts and sufficient non judicial staff members.

Conclusion-

A proper legal protection system is hallmark matured democracy. The government and Judiciary should jointly take actions to find practical solutions problems to clear the backlogs. Appointing more judges, including retired judges as ad hoc judicial officers, improving overall infrastructure and developing strong ADR systems are some of the solutions.


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