Mains Practice Questions

Introduction:

The Indian judiciary is currently burdened with over 5 crore pending cases, with more than 50% in subordinate courts pending for over three years. This chronic delay, often described as the "tareekh pe tareekh" syndrome, transforms the fundamental right to a speedy trial into a systemic grievance, undermining the very foundations of the Rule of Law.

Body:

Impact of Pendency on Key Dimensions

• Governance Certainty and Economic Growth
  • Policy Paralysis: Prolonged litigation on government projects and land acquisition (e.g., utility shifting or infrastructure) creates a "wait-and-watch" environment, deterring private sector participation.
  • Contract Enforcement: Delays in commercial dispute resolution reduce "Ease of Doing Business."
    • Although NCLTs saw a 42% increase in resolution plans in FY 2024, the broader judiciary remains slow, increasing the "cost of capital" due to legal risks.
  • Regulatory Uncertainty: When the legality of tax reforms or environmental regulations remains sub-judice for decades, it creates a volatile investment climate.
• Federal Balance
  • Inter-State and Centre-State Disputes: Delays in resolving water disputes or jurisdictional conflicts under Article 131 can lead to executive friction, hampering cooperative federalism.
  • Fiscal Stress: Delayed judgments on financial devolutions or state-specific laws force states into prolonged periods of fiscal uncertainty.
• Protection of Citizens’ Rights
  • Justice Denied: For marginalized sections, a delay is effectively a denial of justice. Currently, undertrial prisoners make up 76% of the jail population (IJR 2025), leading to "punishment before trial."
  • Erosion of Faith: 1,514 cases in High Courts have been pending for over 50 years, eroding public trust in judicial institutions as the "protector of the Constitution."
  • Vulnerability of Rights: Rights of women and children suffer as specialized trials under POCSO or heinous crimes face infrastructure bottlenecks (shortage of 4,250 courtrooms).

To tackle this, the government has introduced several measures:

• Institutional: Setting up over 800 Fast Track Courts (FTCs) and the National Judicial Data Grid (NJDG) for transparency.
• Digital Transformation: The e-Courts Mission Mode Project and FASTER system for quick transmission of bail orders.
• Legislative: The Jan Vishwas Act 2023 decriminalized 183 provisions to unclog courts, while the Mediation Act 2023 promotes ADR.

Measures to Further Strengthen the Indian Judiciary:

• Addressing Judge-to-population Ratio: Addressing the low judge-to-population ratio (21 per million) by filling the 33% vacancy in High Courts and considering an All India Judicial Service (AIJS).
• Focusing on Infrastructure Development: Developing a National Judicial Infrastructure Authority of India (NJIAI) to bridge the gap in residential and court units.
• Enhancing Accountability: Introducing a transparent system for judicial performance evaluation and revamping the collegium system for merit-based appointments.
• Strict Case Flow Management: Introduce mandatory timelines for different stages of cases (filing → hearing → judgment), especially in civil and commercial matters.
• Adjournment Regulation: Limit unnecessary adjournments through financial penalties and stricter judicial oversight.

Conclusion:

As Dr. A.P.J. Abdul Kalam noted, the judiciary is the "guardian of civilized life." To ensure that democracy survives and thrives, judicial reforms must move beyond symbolic technology use to deep-rooted structural changes. Transitioning from "Asset Creation" to "Justice Management" is essential to transform the judiciary from a bottleneck into an engine of equitable development.