Pendency of Cases
Court Cases in India that are still pending:
- In the courts around the world, there are currently more than 4.7 billion cases that are outstanding.
- Around 1,82,000 of them have remained unresolved for more than 30 years, with 87.4% of them in lower courts and 12.4% in high courts.
- According to the National Judicial Data Grid, the Bombay High Court is now managing 5.88 lakh cases, of which 1.14 lakh new cases were brought in the preceding year (NJDG). More than 16,000 people have had their criminal cases outstanding for more than ten years.
Root causes of the issue:
- The primary cause of this predicament is the severe paucity of judges in India’s high courts.
- In addition to the deficit, a major issue in lower courts is the absence of crucial infrastructure.
- In subordinate courts, there are more than 5,000 open positions despite a sanctioned capacity of 24,490.
- The coronavirus outbreak caused additional delays in the Indian legal system.
- When courts went digital, fewer new cases were filed; but, with lockout limits in place, a slower case disposition rate led to more ongoing cases.
- The Bombay High Court contains benches not just in its capital city of Mumbai but also in Aurangabad, Nagpur, and Goa.
- There are currently 57 judges working there; 48 of them are permanent, and nine are auxiliary.
- Behind Allahabad HC, 94 is the second-highest authorised strength.
- The number will continue to decrease as a result of upcoming retirements and promotions.
Constitutionally required qualifications for choosing judges:
- In accordance with Articles 124(2) and 217 of the Constitution, the President appoints judges to the Supreme Court and High Courts.
- “Every Judge of the Supreme Court must be appointed by the President by warrant under his hand and seal, following consultation with such Judges of the Supreme Court and of the High Courts of the States as he may consider necessary,” states Article 124(2).
- Article 217 states that the Chief Justice of India, the Governor of the State, and, in cases where a judge other than the Chief Justice is chosen, the Chief Justice of the High Court, must all be consulted before the President appoints a judge to a High Court by warrant bearing his hand and seal.
Collegium System:
- Supreme Court decisions, not a law passed by parliament or a clause in the constitution, have changed the way justices are appointed and transferred.
- The four seniormost Supreme Court judges make up the collegium, which is presided over by the Chief Justice of India.
- The four seniormost judges on the court plus the Chief Justice of a High Court make up the collegium.
- Before names are forwarded to the government by a High Court collegium for consideration, the CJI and Supreme Court collegium must first give their approval.
- For the higher judiciary, only the collegium system is used to choose judges, and the government gets engaged only the collegium has chosen names.
The role of the government in appointing judges:
- Government involvement is minimal.
- The only route for a lawyer to become a judge on the High Court or Supreme Court is through a Home Ministry-led investigation.
- It may also call into question the collegium’s decision-making and demand justifications.
- The government must, however, appoint the same individuals as judges in conformity with the Constitution Bench’s rulings if the collegium confirms their nominations.
Way Forward:
The government needs to choose judges as soon as possible since holding off prevents the general public from accessing justice. When justice is delayed, it is denied.
- To reduce court workload, the judge-to-population ratio urgently has to be changed.
- Directives from the Union’s government:
- The Indian Courts and Tribunal Services (ICTs) and longer court hours were two suggestions made by the Center to boost judicial productivity. One of the other recommendations was to create fast-track courts.
- E-platforms: More courts should be established, and electronic platforms should be employed, to strengthen the legal system.
- The eCourts Project has seen the introduction of ecourts.gov.in, India’s national e-Courts portal.
- Enhance the process for alternative dispute resolution (ADR):
- The use of strategies like conciliation, mediation, and arbitration is made.
- It makes use of an impartial third party to facilitate discourse, conflict resolution, and communication between the parties.
- It ensures that every civil issue will be settled in accordance with the written provisions of the law.
- Counseling: Issues can be resolved through counselling before going to court.
Lok Adalat:
- An intriguing aspect of the Indian legal system is the development of nonprofit organisations like Lok Adalats (People’s Courts).
- It acts as a stand-in strategy for resolving conflicts.
- It has a relaxed atmosphere that makes it easier to talk to the judge and solve issues without focusing too much on the specifics of the law.
- Its decision is final, enforceable against the parties to the dispute, and will be regarded as a civil court’s ruling.
- Its order cannot also be legally challenged.
