Governance, TLP-UPSC Mains Answer Writing
Q. 3. The mounting pendency of cases in Indian courts poses a serious challenge to access to justice. Examine the underlying causes and suggest comprehensive measures to address the issue. (150 words, 10 marks)
Introduction
Justice delayed is justice denied. Indian judiciary, under Articles 124–147 (Supreme Court) and 214–237 (High Courts) of Part V and VI, ensures rule of law. But growing pendency endangers this ideal and erodes public trust.
Body
Constitutional Provisions Related to Judiciary:
- Article 32 & 226: Right to constitutional remedies
- Article 136: Special Leave Petition
- Article 50: Separation of judiciary from executive
- Article 233–237: Appointment and service of district judges
Judicial Pendency:
As of 2024, over 5 crore cases are pending across Indian courts, with 77,000+ in SC, 60 lakh in HCs, and 4.3 crore in lower courts (NJDG data). Many await trial for over a decade.
Key Challenges
- Judicial Vacancies: Shortage of judges continues to delay case resolution across courts. Example: Over 30% HC judge posts remain vacant in 2024.
- Procedural Delays: Outdated legal procedures often lead to repeated adjournments. Example: Frequent case deferments in civil matters prolong litigation.
- Infrastructure Deficit: Lack of proper courtrooms, staff, and facilities hampers judicial work. Example: Many district courts function without proper technology or record rooms.
- Frivolous Litigation: Unnecessary and baseless petitions increase the burden on courts. Example: Delhi HC flagged rising PIL misuse in 2023.
- Ineffective Case Management: Poor scheduling systems slow down case progression. Example: Courts lack AI tools for dynamic case listing
- Delay in Judicial Appointments: Prolonged vacancies due to appointment delays worsen pendency. Example: SC Collegium recommendations pending for over 6 months in 2024.
Recommendations
- Fill Vacancies Promptly: Speed up judge appointments through better coordination. Example: 2nd ARC urged timeline-based appointment process.
- Reform Procedures: Limit adjournments and promote digital filing systems. Example: CPC amendments can limit delay tactics.
- Upgrade Infrastructure: Enhance court facilities and expand e-court services. Example: Phase III of e-Courts Mission Mode Project is ongoing.
- Regulate PILs and Appeals: Penalise frivolous and repetitive filings. Example: Law Commission recommended filters for PILs.
- Strengthen ADR Systems: Promote mediation, arbitration, and Lok Adalats. Example: Mediation Bill, 2023 aims to institutionalise mediation culture.
Judicial Pronouncements & Observations
- Hussainara Khatoon (1979): SC held speedy trial is a fundamental right under Article 21. • Imtiyaz Ahmad (2012): SC directed data-based judicial resource planning to reduce pendency.
Conclusion
A robust judiciary is central to constitutional democracy. By adopting structural reforms, technology, and efficient case management, India can ensure timely, accessible, and affordable justice for all.
