Case Backlog in Judiciary
The justice delivery system in India is facing challenges due to a large number of pending cases, with a significant impact on the overall efficiency of the system. Over the past decade, from 2010 to 2020, case pendency across all courts increased at an annual rate of 2.8%.
To address this issue, various initiatives have been undertaken. One of the key developments is the introduction of an e-filing System for electronic submission of documents, aiming to streamline legal procedures and minimize delays. Additionally, the e-courts Portal has been established to provide stakeholders access to case information.
The Law Commission of India, in its recommendations, has emphasised the need for specialized courts. The National Company Law Tribunal (NCLT) has been established for corporate disputes, while the Cyber Appellate Tribunal handles cybercrime matters. Furthermore, the encouragement of specialization in the judiciary for handling complex matters like corporate disputes and cybercrimes is being proposed.
Another approach to reducing case pendency is the establishment of Fast Track Courts for quicker disposal of cases. These courts are designed to handle specific types of cases, such as economic offences, sexual offences against children, and other heinous crimes.
Alternative Dispute Resolution (ADR) mechanisms, including Lok Adalats and mediation, have been encouraged to resolve disputes outside traditional courts. This approach aims to reduce the burden on the traditional court system and expedite the resolution of disputes.
The government has also implemented Virtual Courts to ensure wider access and efficiency. This initiative allows for remote hearings, reducing the need for physical attendance and potentially speeding up the judicial process.
The Interoperable Criminal Justice System (ICJS) has been integrated to connect the main pillars of the criminal justice system, aiming to improve coordination and efficiency.
The justice delivery system in India is also facing challenges due to reasons such as a shortage of judges, inadequate infrastructure, complex legal procedures, increased legal awareness, and the proliferation of Public Interest Litigations (PILs). To address these issues, the Law Commission of India has recommended increasing the judge-to-population ratio to 50 per million.
Moreover, the reduction of frivolous litigation to prevent unnecessary burden on courts is being encouraged. This includes the improvement of enforcement by reducing unnecessary appeals and re-litigation.
As of the data reported by the National Judicial Data Grid, approximately half of the cases pending in High Courts are more than 5 years old. The grid also reports that 6243213 cases are pending in High Courts, compared to 81274 cases in the Supreme Court.
While progress has been made, there is still much work to be done in streamlining India's justice delivery system and reducing case pendency. These initiatives, however, represent a positive step towards a more efficient and accessible justice system for all.
