BLACK COAT SYNDROME: POLITY

NEWS: Culture of adjournments should go; case pendency should be resolved, says President

 

WHAT’S IN THE NEWS?

Time has really come now to think of national integration of judicial recruitment, says CJI

 

Black Coat Syndrome': President Droupadi Murmu highlighted the issue of judicial delays, comparing it to the ‘white coat syndrome’ in hospitals. She emphasized the anxiety the poor face in accessing justice due to the slow judicial process and the culture of adjournments.

 

Judicial Pendency:

  • Over 5 crore cases are pending in Indian courts as of October 2023.
  • There are only 20,580 judges in the Supreme Court, high courts, and district courts to handle these cases.

 

Judicial Infrastructure: Many courts lack basic infrastructure and technology; 19.7% of district courts do not have separate toilets for women as of September 2023.

 

Judicial Vacancies:

  • High courts: 347 out of 1,114 sanctioned judge positions are vacant.
  • District judiciary: 5,300 out of 25,081 sanctioned judge positions are vacant.

 

Gender Inclusivity:

  • Supreme Court: Only 3 female judges (9.3%).
  • High Courts: 103 female judges (13.42%).
  • District Judiciary: 36.33% female judges.

 

Key Initiatives:

  • ICT and e-Courts: Electronic Supreme Court Reports (e-SCR) and virtual court systems.
  • eCourts Portal: A one-stop solution for litigants, advocates, and government agencies.
  • National Judicial Data Grid (NJDG): Public access to court statistics.
  • Alternative Dispute Resolution (ADR): Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution (ODR).
  • Fast Track Courts: For cases involving heinous crimes, women, and children.

 

Challenges and Solutions:

  • Courts must operate beyond their current capacity of 71% to match case disposal rates.
  • Standardizing the judicial recruitment calendar and national integration of judicial recruitment is necessary.
  • Pre-litigation dispute resolution and district-level case management committees can reduce case backlogs.

 

Recommendations:

  • Malimath Committee (2003): Reduce vacation periods by 21 days to address long case pendency.
  • Bridge the gap between the district judiciary and high courts to create a more unified judicial system.

 Source : https://www.thehindu.com/news/national/culture-of-adjournments-should-go-case-pendency-should-be-resolved-says-president/article68593731.ece