Jammed Judiciary

It takes life to get justice in India. With more than 3 crore pending cases it is difficult for the judiciary to handle. Importantly the justice seekers get frustrated over the decades delay.

The Times of India writes (17 August 2009)

We are facing an alarming shortage of judges. According to the Supreme Court, more than 1,500 high court judges and 23,000 subordinate court judges
are needed to clear the backlog of civil and criminal cases in a year. There are about 280 vacant posts in high courts alone. It is estimated that over three crore cases are pending in our courts. The enormity of the task calls for urgent action.

A first step towards addressing the issue is to fill vacancies in the judiciary. Considering the pressures of the job, it may not be easy to find as many qualified professionals for the judiciary as required at a short notice. The suggestion that retired judicial officers be invited to help clear the backlog is welcome. The vacation system of judges must be rationalised so that they have more time to decide cases. A number of steps ranging from better technology, like computerisation of court records to creation of alternate platforms to settle disputes as envisaged in the Gram Nyayalay Bill, are also necessary to streamline the functioning of the judiciary. Some of these measures have already been initiated.

Special courts could help towards speedy disposal of cases. Take the example of land-related cases, which constitute a major portion of pending cases. These tend to drag on and clog the system. Family courts, which encourage matters like divorce to be settled out of court, have been a successful experiment. In a similar vein, special courts attached to panchayati raj institutions could be set up to redress land disputes. This should go hand in hand with computerisation of land records. Availability of clear title deeds alone would help reduce the amount of land-related litigation. An interesting experiment by high court judges in Kerala to reach out to citizens through television could be replicated in other states if it doesn't lead to any conflict of interest. It is also necessary to think of other ways to reduce litigation. We have become a litigious society largely because we don't have mechanisms and platforms to resolve disputes before they reach the courts.

In the absence of an efficient judiciary, it is impossible to build a functioning democracy. Judicial delays create cynicism among citizens about the efficacy of our institutions in dispensing justice in a free and fair manner. Besides, it is a deterrent for investors who need sanctity of contract above everything. India can't afford that. It's time we paid adequate attention to the needs of the judiciary.