Gracy Singh
10th Nov 2023
JUDICIALS DELAY
In our country Judicial Delay is one of the the major issues which can be seen in the number of backlogged cases in our courts. This article provides an insight on the Judicial System and also on the delay in the Judicial System of our country.
INTRODUCTION
Indian Judiciary is one of the greatest judicial systems in the world for serving best results to the aggrieved. But as of now every person is aware of the fact that our judicial system is going towards wrong direction. It has now failed to go along with peoples expectation. There's a well known saying Justice Delayed is Justice Denied.? Having around 30 million cases pending in several courts of? India and an average time span of 15 years to settle a dispute, it is clearly evident that justice delivery system has completely failed to run swiftly.
1.JUDICIAL DELAY
Delay in context of justice means the time taken by the court to resolve a case. Nobody is expected to get justice within a day or two. It takes time in, it needs patience. Taking reasonable time for delivering justice is the quality of judge for giving right judgement in favour of right person.
The reasons for delay differs from civil to criminal cases. Also, the different types of cases- writ petitions, petitions, appeals, reviews etc. shows different disposal pattern across the state.
The lacunas in present laws and regulations, lack of awareness about the fundamental right, Unequal access to legal services and imbalance in the number of judges to deal with pending cases are the real reasons for the delay caused in providing justice.(1)
2.Reason for delay :
One of the grey areas, where our justice delivery system has failed to come up to the people?s expectations is that the judiciary has failed to deliver justice expeditiously. The delay in delivery of justice is in fact one of the greatest challenges before the judiciary.
1.Institution of cases in the courts far exceeds their disposal. Though there is a considerable increase in the disposal of cases in various courts, the institution more rapidly. The average disposal per judge comes to 2370 cases in the High Courts and 1346 cases in subordinate courts, if calculated on the basis of disposal in the year 2010 and working strength of judges as on 31-12-2010. Applying this average, we require 1539 High Court judges and 18,479 subordinate judges to clear the backlog in a year.
The requirement would come down to 770 more High Court judges and 9239 more subordinate judges in the arrears alone have to be cleared in the next two years. The existing strength being inadequate, even to dispose off the actual institution, the backlog cannot be wiped out without additional strength, particularly, when the institution of cases is likely to increase and not come down in the coming years.
Also, we have a poor judge population ratio. There exist an inadequate number of judges in India which demonstrates that quantity is the problem and delay in justice is its outcome. The population of India is over 100 Crores while the strength of judges is only about 20,000.
2.Poor infrastructure in the courts and absence of computerized records etc. This is the age of technology, today even the smallest office in the private sector is well equipped with computers and other electronic gadgets, which help them to raise their efficiency and update their records. But our Judiciary has not been provided with the technical assistance of faxes, dicto-phones and other such devices. Almost all the courts have heaps of rotten files in the basement. In District Courts one can see courts working without electricity. Thus, though we are living in the age of computers, yet one methodologies are outdated and urgently need a re-book.
3.No fixed period for disposal: There is no time limit fixed either by any Act or Code within which the cases must be decided. Therefore, the judges, lawyers and even the litigants take it for granted that there is no urgency to finish the case. The cases drag on for years together.
3.Remedies :
It is high time that our system must take some necessary steps to facilitate the delivery of justice. The reforms must be made in such a way that it is speedy and capable of providing justice to every man. However, very little has been done towards the ongoing crisis.
The government, judges, lawyers and litigants- all must work collectively to remove these ills from the system.
1.Vacancies of judges must be filled up on the first priority. The Law Commission and the Supreme Court of India have examined the situation and recommended to increase the appointments of judges so as to fill in the vacancies. Zero vacancy culture has to be adopted as soon as possible as it has become the need of the hour.
2.Time limits for hearing a case and pronouncement of judgements in particular cases must be followed by the courts.
Courts may take help of management experts to settle cases for hearing of cases in a day. Practice of adjournments adopted by courts on regular basis must be stopped and followed only in certain exceptional circumstances. This will reduce unnecessary delay in cases.
3.Improvements to the adjudication process are also necessary. However, solving some administrative problems could reduce the constraints under which judges work.
4.Litigation should not be Encouraged:
Another method to reduce the backlog is that quantum of cases coming to the courts must be reduced. The Judges should be very strict at the first stage itself. They should distinguish between frivolous and genuine litigation and should discourage litigation.
5.Expert Advice: The court can take the help of management experts to schedule the cases for hearing in a day.
6.Fixing Time Limit: Time limit should be set for hearing a case as also for giving decision.
7.Restriction on Adjournments: Adjournments to be limited to emergencies and exceptional cases. It is common sight for a popular lawyer to handle several cases every day which needs his presence in different courts. This force him to focus on one or two and seek adjournments on others.
8.Alternative Dispute Resolution Forums : The importance of referring the matter to Alternative Dispute Resolution Mechanism i.e. Arbitration, Mediation,? Conciliation, should not be under estimated.(2)
4.Conclusion
The financial sector, telecom, automobile and other segments have been beneficiaries of reforms that have improved? efficiency and productivity, Judiciary is in crying need for similar reforms. But this is predicated upon the practicing lawyers involving whole-hearted in improving the entire process. Chief Justice Eqbal could focus on this vital element.
In spite of so many ills which plague our judicial system, the overflowing docket of court cases is a positive sign of people?s faith in the Judiciary. Honest efforts must be made by the Bar, Bench and the Government to strengthen this pillar of justice. Yet no system, not even the justice delivery system can be better than the men who man it. We may make the best laws and introduce new procedures, yet it may not have done enough to achieve the constitutional promise of providing justice. It may be totally useless to make even good laws for the bad people.
CITATION:-
- Judicial delay available at: https://www.legalserviceindia.com/legal/article-10412-judicial-delay.html ( last visited on 14th Nov 2023)
- Judicial Delays in India: Causes Remedies available at: https://core.ac.uk/download/pdf/234649558.pdf ( last visited on 14th Nov 2023)
