JUDICIAL PENDENCY - POLITY

News: Doubling court strength won’t end pendency: Supreme Court

 

What's in the news?

       Judiciary is overburdened because of the system, says Chief Justice of India Chandrachud; he points out that it is already difficult to find good lawyers to fill judicial vacancies in High Courts.

 

Key takeaways:

       The Supreme Court on November 29, 2022 said that increasing the number of judges will not demolish the perennial problem of pendency, noting that it is already difficult finding good lawyers to accept the call to the Bench in High Courts.

       The court said that a Public Interest Litigation (PIL) seeking to “double” the number of judges in the High Courts and the district judiciary was a rather “simplistic” solution to arrears.

       The Chief Justice said that the judiciary was “overburdened because of the system”. He added, “If we apply the brakes, we will be absolutely clear of arrears.”

 

Pendency of cases:

       Over 59 lakh cases were pending in the High Courts until July 22.

       Allahabad High Court has the highest number of pending cases at over 10 lakh.

       Next are the High Courts of Rajasthan (just over 6 lakh) and Bombay (just under 6 lakh).


Causes for Pendency of cases:

1. Increase in the number of cases:

       An improvement in literacy levels, population growth and formulation of citizen-friendly tools like PIL have resulted in a huge influx of cases in courts.

       The number of judges is very low given the size of our demography. This causes overload on judges and hence the delay.

2. Increase in crime rate.

3. Rising Vacancies:

       The courts are working below their sanctioned strength. As of 2017, High Courts have 403 vacancies out of the sanctioned strength of 1,079 judges. But still, there is no filling of vacancies.

       Similarly, subordinate courts have 5,676 vacancies against a sanctioned strength of 22,704 judges. The delay in appointments is increasing vacancies.

4. Rigid Procedural Requirements:

       A lot of paperwork needs to be done on every case which sometimes creates unnecessary delays.

       Complexity in the Indian law.

       For instance, Vishnu Tiwari was recently acquitted of a false rape charge by Allahabad high court. His appeal was pending before the Allahabad High Court for 16 years. The reasons behind this were missing documents or documents in the wrong format for listing the case.

5. Poor Conduct of Lawyers:

       They are sometimes found indulging in collusive corruption especially at subordinate levels in order to drag the case.

       Moreover, the lawyers also demand frequent adjournments for not valid reasons.

       The rich and powerful hire lawyers who stall court proceedings by taking advantage of archaic regulations and loopholes in law.

6. Inefficiencies by Police Personnel:

       They are sometimes seen complacent in filing charge sheets and conducting speedy investigation which creates a delay in delivering timely judgement.

7. Law school:

       It should focus on developing lawyers, not on building future members of the Judiciary.

 

Impacts of Pendency of cases:

1. Burden on Judges:

       Rising pendency creates an excess burden on judges.

       Judges have sometimes seen hearing more than 100 cases in a day. This reduces the average time devoted to a case on a particular day.

2. Overcrowding of Prisons:

       Pendency enhances the number of undertrials in the prisons which eventually leads to overcrowding.

       According to the NCRB data, In 2019 there were 4.78 lakh prisoners. Out of which 69.05 % were undertrials.

3. Undermines Right to life:

       In Hussainara Khatoon v. Home Secretary, State of Bihar case, 1979 the SC held that the “right to a speedy trial” is a fundamental right implicit under Article 21.

       But pendency of cases is a clear violation of the judgement itself.

4. Harassment of people:

       The pendency causes harassment of the accused and victim.

       As they need to go through significant financial, physical and mental stress for years due to the pendency.

       For instance, in the recent example of the Vishnu Tiwari acquittal case, He spent 20 years in prison before this acquittal.

5. Undermines Judicial Credibility:

       The faith and trust of the common man in the judicial setup are also lost if he/she didn’t receive timely justice.

       It is perceived that judges are indulged in some kind of favoritism towards one of the parties and are deliberately delaying the process.

6. Unsatisfactory Disposal rate:

       The disposal rate (number of cases disposed of) has stayed between 55 -59% in the Supreme Court, 28% in the High Courts, and 40% in the subordinate courts.

 

WAY FORWARD:

1. Timely appointment:

       Rise in vacancies can be duly addressed with timely appointments.

       This would require developing a consensus over a memorandum of procedure between the executive and judiciary.

       The memorandum of procedure should be based on four criteria.

       Transparency in the Judicial appointments

       Eligibility criteria for judicial appointments

       A permanent secretariat to assist the collegium

       A mechanism for complaints against candidates.

2. Use of expertise retired judges:

       The Supreme court has recommended that retired high court judges having domain expertise should be placed back as Ad Hoc judges. This will fast track the disposal of cases.

3. Responsible from government:

       Government is the biggest litigant in India.

       It should take steps at setting up institutional measures for arbitration and dispute resolution.

       It should move towards a more responsible-regime while filing cases.

4. Fast track courts:

       Establishing fast track courts for cases on sensitive issues like rape, corruption and high profile cases so that justice is seen to be delivered and people maintain faith in the system.

       Setting up of special courts like property courts, commercial courts and e-courts for speedy disposal of cases.

5. All India Judicial Services:

       The slow disposal rate can be improved by augmenting the quality of judges. For this, the government can set up All India Judicial Services (AIJS).

       It is a proposed cadre of judicial officers at the lower levels (below High Courts).

       They would be recruited through an open competitive national level exam conducted on the lines of the Civil Services Exam.

6. Digitization:

       An integrated digital system is required in the judiciary to streamline the process.

       This digital system will allow smooth interaction between various institutions through a digital platform.

       It will normalize the format and content of data across all the systems.

7. Accountability of judges:

       The media as the 4th pillar of democracy should do periodic and constructive reporting on the pendency of cases. This will have a dual benefit.

       Placing better accountability on judges.

       Bringing the pendency to the public domain.

8. Alternate dispute resolution:

       Alternative Dispute Resolution mechanisms like Arbitration, Conciliation, Lok Adalats etc. should be promoted by judges.

       Further, legal services authorities, such as, NALSA, SALSA, DALSA and TALSA, can generate awareness.

 

Recommendation of Law Commission:

        Law Commission of India in its 230th report has also offered a long list of measures to deal with the pendency of cases. These include:

       Providing strict guidelines for the grant of adjournments.

       Curtailing vacation time in the higher judiciary.

       Reducing the time for oral arguments unless the case involves a complicated question of law.

       Framing clear and decisive judgements to avoid further litigation.

       The courts should also seriously consider incorporating technology into the system - digitizing courts records.

 

Justice Delayed is Justice Denied. The right to fair and speedy trial must be upheld in all circumstances as it is an important component of dignified life under Article 21 of the Indian Constitution.