Why The Pending Cases Are Increasing Year By Year In India?
"For depriving us in many cases, of the benefits of Trial by Jury"[1]-- By Thomas Jefferson
"Justice has nothing to do with what goes on in a courtroom; Justice is what comes out of a courtroom."[2]-- By Clarence Darrow
Abstract
The bar is the assay mark for the great nation. The Indian bar system is considered to be the most important bar system in the world. Judiciary is always saluted for working on people's rights and entitlements, taking care of weaker sections of society, and furnishing justice to all.
The pendency of around3.3 crore cases shows the real picture of the Indian bar system since the independence of India. In the current script, the bar failed to deliver justice due to the high number of pending cases. People approach the courts with the loftiest and last approach and treated courts coming to God, wherein if they're unfit to get justice when needed causes great trauma and injury that ca not be explained in words.
The author is veritably keenly trying to unfold and dissect the reasons for the detention in the justice delivery system and their results to attack the pendency of cases. The author has also anatomized the statistics of the pendency of cases in inferior courts, high courts, bars, and the Supreme Court. The author has also bandied the colourful ways the government of every state should be taken into consideration for the fast disposal of pending cases.[3][4]
The pendency of cases is a great problem for our Indian Judiciary. Since Judiciary is the third pillar of our republic proper working without any cargo is necessary. To fight this problem government introduced bars as aquas-judicial body to lessen the burden on the Indian bar and lower the pendency but rather the workload on these bars increased and the problem of pendency increased more compared to the time when the bars were introduced. In recent times, Our CJI M.T.V. Ramana, and Justice Nariman of the Supreme Court spoke on these problems that how they're decelerating down the working of our bar. An increase in workload in any institution hampers its working and, in this case, our bar is lagging because of this pendency people do not get justice on time.
The pendency of Cases in both the Supreme Court and High Courts gave rise to the arising need for technical courts on specific matters for speedy justice and to take off some cargo from the Courts. Bars come into the light as the technical court. The term' Tribunal' is deduced from the word' Daises', which means' Adjudicators of the Classical Roman Republic'.' Tribunal' is an executive body established to discharge quasi-judicial duties. An executive Tribunal is neither a Court nor an administrative body. It stands nearly midway between a Court and an executive body. The extremities of the situation publicizing the enforcement of new rights in the wake of raising State conditioning and headway of the demands of justice have led to the establishment of Bars.
The Income Tax Appellate Tribunal was created in 1941 to reduce the pendency of income duty- related cases from the courts. In 1976, Article 323A and Article 323B [5]were fitted empowering Parliament to constitute executive Bars (both at the central and state position) for adjudication of matters related to reclamation and conditions of service of public retainers.
Composition 323B specified certain subjects (similar as taxation and land reforms) for which Parliament or state houses may constitute bars by making the law.
In 1985, the executive Bars Act was legislated, and due to this colourful bar entered, 350 pending cases on transfer from the High Courts and inferior Courts under section 29 of the Administrative Tribunal Act, 1985. The purpose for which the Act was legislated sounded to be achieved, but this wasn't the case. (Problems faced by bars that made them ineffective)
When cases were transferred to these bars to reduce the burden from High Court and Supreme Court, the bars worked well and reduced significant burdens n from the courts but after sometimes everything returned to where it started. The pendency of cases did not get reduced rather as of now the first benched. The Income Tax Appellate Tribunal has, 538 cases pending as of the End of 2016.[6]
Further than four crore cases are pending in colourful courts in India. Surprisingly, a many of these have been pending for further than ten times. This shows that our Indian judicial system is under tremendous pressure. As per the records of 2022, over4.7 crore cases are pending in courts across different situations of the bar. Of them, 87.4 are pending in inferior courts, and12.4 in High Courts. Amid the rising action trend, further people and associations are approaching courts as lawyers or attorneys.[7]
Introduction
The word Judiciary the image of justice and equivalency is ingrained in our minds, but due to detainments in justice delivery and consequent pendency in courts, one thing leaves a lasting print on our minds. The most constantly bandied motifs in judicial reform are action pendency in courts. The legal sententia Justice Delayed is Justice Denied is well established in the present system of the Indian bar.
The Right to a show and Speedy trial is guaranteed as a abecedarian right under Article 21( Right to life and particular liberty) of the Constitution of India, 1950, detention in the justice delivery system infringes this right. The Law Commission stated that the detention in the decision is as old as the law itself. The devilish detention results in the confinement of justice and increases the cost of action. The speedy trial of a case and fast disposal no way means a hasty division of justice. In some rare cases, the compensation granted for these detainments is productive.[8]
According to the check, further than 60 of cases are still pending in Indian courts for further than two times. This caused a loss of an increase in the mindfulness of the rights of the common man[9].
The pendency of cases in Indian courts is patient, and it has been in the court for times. The system of Indian bar has a lot of issues pending in the courts of the Supreme Court, high court, or quarter court, which leads to a loss of increase in the mindfulness of the rights of the common man.
Research Methodology
This is doctrinal exploration. Only secondary sources have been taken into consideration and appertained to in this study. Primary sources like interviews, questionnaires, and talking to specialists in this field weren't possible. Secondary sources like books, colourful blogs, ample websites, etc have been appertained to in this composition.[10]
Litigation Pendency in India
Pendency means an undecided, undetermined case by the court of law. Pending cases are adding day by day which shows the incapacity of the bar to deliver justice on time. By comparing the Indian judicial system with another judicial systems present in the world we find that the Indian judicial system is more competent and more dependable. But the pendency of cases in India is more as compared to other judicial systemin around the world.
High Courts, Subordinate Courts & Bars Statistics
At present, there are 24 high courts in India, and an aggregate of42.2 lakh cases are pending in these courts. On average1.76 lakh cases are in each court. For further than 5 times around 20 lakh cases are pending.[11] In the Indian constitution, there's sanctioned strength of judges of the high court is 1079 out of which there's a deficit of around 400 judges.
Bars are set up to reduce the overburden of the bar and the rest disposal of the cases.
The 272nd law commission report shows that the purpose of setting up bars wasn't fulfilled because there's a high pendency of cases in some of the bars like executive Bars, Income Tax Tribunal, Debt Recovery Bars, and numerous further.
The inferior courts have a pendency of around 3 crore cases out of which around 2 crores are felonious cases pending and around 88 lakhs are civil cases pending. The top five countries which are responsible for the loftiest pendency of action in inferior courts in India are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), west Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujrat (16.45 lakh).[12]
Supreme Court statistics
The sanctioned judge's strength for the Supreme Court is 33 judges. Presently, there are 31 judges including the principal justice of India, Justice Ranjan Gogoi. The pending cases at the end of the time 2013 were, 603, at the end of the time 2014[13], 970, at the end of the time 2015,281, 2016,468, at the end of the time 2017,259, at end of the time 2018 was, 994 and in the time 2019 as of now, the pending cases are, 669.[14]
Causes for Action Pendency and Their results
There are colourful reasons for the detention in the disposal of cases. Some of the important reasons as well as some suggestions and recommendations are as follows;
Low judge strength and appointment
When we talk about action pendency, the first study that comes to mind is that are enough judges in the court to deal with the pending cases. In the High courts of India, there are 1079 approved strength judges out of which 680 is the working strength. There are 399 vacuities as per the approved strength. Allahabad high court has the maximum approved strength of 160 judges out of which 53 posts are vacant. The alternate High court has 94 approved judges and 26 posts are vacant. The high court of Sikkim has the minimal number of judge's strength which is 3 judges.
In the current script, India has 19 judges per 10 lakh people.[15] According to the public judicial data grid, the working strength of the judges in inferior courts is, 726, and the approved strength of judges is, 474 judges, which means inferior courts have a vacant post of 5748 judges.
In an interview, Mr. Ravi Shankar Prasad, the law minister of India said that one of the beginning reasons behind the high pendency is occasionally the devilish detention in filling up the vacuities of the judicial services Law Commission of India in its Report No. 245 says that the problem of pendency of cases is largely increased. The court requires a massive resource to deal with this situation to dispose of the cases. There's a need to increase the strength of the judges in the courts to deliver justice to society.[16]
Still, also the government has to fill all the vacant posts of the judges in the high court and the inferior judges, if the government of India wants to break the problem of action pendency. Around 6000 judges are to be appointed in the high courts and the inferior courts. In the Supreme Court, there's a post for 31 judges and there's no vacant post. Judges come more educated when they devote their time to judicial work, which means further the educated judge and further pending cases they can dispose of in a low time hence the withdrawal age should be extended to 70 times so that elderly judges work and give justice presto as compare to the inferior judges.
Process of law
The time taken in proceedings of a case is so lengthy that the peoples sit for times outside the courtroom staying for the court to deliver justice. There are a lot of sounds in a case, several adjournments in a case, and victims come frustrated with fighting for justice. The indicted are misusing the process of law for their benefit.
Government should take measures to reduce the time taken in the disposal of the case. In some cases the supreme court of India passes guidelines to dominate courts to end up a trial within a specified time limit, courts dispose of only those cases gormandize not others. There are so numerous cases that are pending for further than 50 times. Supreme Court should pass guidelines to dispose of those cases gormandize.
Absenteeism of Judges
Judges are also mortal beings, they also have family, musketeers, and relations with society. They also need recesses to spend time with their family and society. The bar is furnishing them with recesses to spend time in society but some judges need further leaves to enjoy their life.
When judges are on vacation without previous informing their seniors also justice is delayed in cases that are to be heard on that day. For illustration, if there's a hail of under trial internee for bail, and the judge is absent on that day without previous informing their seniors also is justice given to the undertrial internee? There are some judges present in the bar, which only works for the payment, and go on vacation without any maintainable reason. Cases of that day were suspended to some other day. This is the reason behind the workload of the bar and the pendency of cases is adding day by day.
Ranjan Gogoi, Chief justice of India has anatomized this problem and come up with a result called no leave formula for judges during working days of the court because of the intimidating number of cases pending in India i.e.,3.3 crore cases. Those judges who failed to follow the no- leave formula either withdraw their name from the judge's list or judicial work is withdrawn from that errant member of the court.[17]
No judge is allowed to take leave on working days except in case of emergencies. However, they should inform their elderly officers before taking leave, if the judge is planning to take leave on working days. Before taking leave, they should coordinate with the principal justice of the high court in case of a high court judge and elderly officer in case of an inferior court so that the case of that day can be heard by any other judge.
Number of prayers available in a case
Judgment is delivered by a judge, in which one party is going to win and the other to lose. The party which loses the case can go to appeal in an advanced court if they aren't satisfied with the judgment delivered. Appeal vittles are made to satisfy the party or to check justice but petitioners made it a means to earn further plutocrat from the parties. They appeal in every case decided by the lower court. That's why the number of pendency is adding in the high courts of the state.
The total number of an appeal depends upon the court gave the judgment is inferior to the superior court. For the appeal to the advanced court, a notice of appeal should be served to the inferior court which has given a judgment, informing about the case you're going to appeal. The appellate court would not entertain the case if the notice of appeal isn't given on time to the lower court, generally, 30 days is given to inform the lower court who has given a judgment for the notice of appeal in the civil case and 10 days in the felonious case. After the notice of appeal is served the advocate can present his draft or solicitation of the case in the advanced court.
Suppose the judgment is delivered by the quarter court also the appeal lies in the session court under chapter 29 of the law of felonious procedure 1973 in case of the felonious case and under section 96 of the law of civil procedure. Also appeal falsehoods in the high court under the appellate governance of the high court (composition 227 of the Indian constitution), also in the supreme court of India under special leave to appeal (composition 136 of the Indian constitution). The supreme court of India is the loftiest appellate authority, no appeal lies after that.
In the high court, 49 lakh cases are pending out of which 24 lakh cases are civil prayers and 13 lakh cases are felonious appeal remaining are writ desires. Petitioners make it a passion, if they win the case also its fine, and if not, they will appeal in an advanced court only for the financial benefits from the parties. These prayers are adding the burden of the advanced courts.
There's a need for the court to determine that only on reasonable grounds prayers are allowed. Nearly in 7 cases out of 10 cases prayers are dismissed because of the grounds on which they're appealed. Only the right of appeal should be is allowed in one case, no other appeal should be allowed. The register of the court should see the appeal grounds than allow any appeal.
Lack of infrastructure
Still, one reason which causes further pendency of cases by decelerating down the process of the trial is the structure of the courts, if we go to the root cause of the action pendency. Mr. Dipak Mishra, former principal justice of India in an interview said that the main cause of the action pendency is the lack of structure for the judges, petitioners, and court staff. Inferior courts warrant introductory installations like proper restroom installations, canteen installations, parking, a library for lawyers, sitting installations for lawyers, and drinking water facilities[18].However, they're too small that 5- 6 people cannot stand in them, if we look at the trail apartments in the quarter or inferior courts.
How does a bar perform its work? In the 21st century of electronic means, utmost of the work done in court is on paper. Courts are ready to run with the elevation society but the government isn't ready to give installations(outfit) to the court like a computer, software, internet installation, etc. if we look at the court structure it looks like it was 100 times old there's a need for a government to make the new court demesne for all old court structure. The new court structure should contain all the necessary installations for the judges, lawyers, court staff, etc.
There's a need for the government to understand that the structure of the courts is the chain that's stopping the judges and court staff from doing their work efficiently. The government should give finances for the development of the bar. Land and structure vacuity for construction of Court Building robotization of the court must be done to ameliorate the structure of the court why this time and the government plans to come up with online connectivity of 2992 quotations if the structure is done also petitioners will be suitable to track their case online check their cases testis order judgment of the court coming hail date at Sector in some of the sections electronic trial has been set up and where to set up other also
Law Commission of India in its Report No. 245 deals with the establishment of fresh courts to exclude detention and speedy concurrence of matters. The hon'ble supreme court in the matter of Imtiyaz Ahmad vs State of U.P.[19] directed the Law Commission of India to set up fresh inferior courts for the elimination of detainments and speedy disposal of cases and also direct lawyers to reduce their costs.
Abuse of the process of law
The law of civil procedure and the law of felonious procedure are the main acts, which define the whole process of trial in a case. In a felonious case, the trial starts by framing the charges against the indicted, also the substantiation is given by the execution, also substantiation for the defence, there's an examination of a substantiation by the execution, and by the indicted counsel, also final arguments by the execution and defendants and also judgment is delivered. In the whole process, the time taken is over to 5 times minimal by the court which may extend to 10 times. In between the trial, there's a process issued to the substantiations which also takes time. And the lawyers take adjournment the case for a veritably long time just to delay the trial.
There are so numerous cases that are running for further than 30 times and the indicted are querying the election and doing corruption. However, also they appeal to the high court, which again gives them five further times to prove the case also there's one further appeal to Supreme Court and the indicted leaves his life lavishly in the whole process of law, If the trial court finds them shamefaced. The person who suffers is the victim he loses his expedients of justice from the bar.
In a civil case, the trial of a court starts from the notices issued to the parties by their lawyers, also the party gives a reply to the notice to the other party, also the matter goes to the court where the court framed the issues of the than the factual trial thresholds.
Now suppose, if a party has possession of a property and the property is disputed. However, also the party who has possession of the property enjoyed the possession of the property for 10 times, If a trial of a case detainments up to 10 times. Is this justice to the other party? There are so numerous cases in which the party chooses not to win the case but to delay the trial because the detention of the trial results in profit for the party.
There's a need for the government to reduce the detention time in the proceedings of the court. Certain vittles in the Civil Procedure Code reduce the detention in proceedings like order XXII rule 3 which says parties either event down a claim or request the court to record the concession between the parties. In numerous cases parties are free to track their cases in Lok Adalat, or through arbitration proceedings. In felonious procedure, there's a term called plea [20]logrolling which also helps in reducing the number of cases
Educational system
In this new period, there's extreme competition among the seminaries and seminaries, sodalities and sodalities. No council or academy is fastening on the education of the pupil, only they're fastening on the freights and the competition among others. As a result of this scholars are getting less educated and when they come into the profession, they aren't able to work. For the Judiciary the judges are enough competent to work but what about the lawyers and court staff Court staffs.
They perform work veritably lower that results in a slow trial of the case. Lawyers aren't able do trial efficiently and presto, they need time to prepare for the case which results in a slow trial of the case.
Litigation pendency can be resolved if the lawyers work hard, not takes time to prepare for the case, this results in a speedy trial of the case. If the court staff does the work duly also also the trial of the case will be presto. The education system needs to prepare scholars for work, not for the money.[21]
The profession of lawyers turned from service- grounded to plutocrat grounded
Still, you'll find that no advocate is fighting for justice, everyone is fighting for the plutocrat which they will admit from their guests, if you visit the court. There's a full competition in the court who'll earn further. Some lawyers charge crores of rupees in a single case for their work.
Some lawyers charge a huge quantum for their work but some lawyers take the quantum because other lawyers are taking it, no bone is ready to work for the quantum they entered from the clients. However, they've taken from the customer also it results in the declination of the value of the profession in the eyes of the guests, if lawyers take the plutocrat and don't work for the plutocrat.
Some lawyers charge grounded on per hail of a case, so that trial the case for times so that they can take plutocrat from the guests for times and times, no advocate is allowing about the action pendency and Justice. All are working for the plutocrat only. There's a need that advocates should work professionally not for the plutocrat if the lawyers' fight for justice also one day total of the colour of the Judiciary will be changed.
Competition (lack of fair competition)
In this competition period, there are two ways to attack the competition, one is to work hard and also go above the others and the second is for those who have worked hard to stop them and go over. The alternate bone is easy that's why some people accept this.
For illustration, if a judge has given a judgment against an advocate, also the advocate will file a false complaint against the judge for business, corruption, or misconduct. This is how gratuitous case is increased. Some attorneys complain about the attorneys who earn further plutocrat than them, this is how the competition is reduced currently. The lack of fire competition increases the gratuitous increase in the number of cases and work of the bar.
Lawyers need to understand that competition helps in perfecting yourself. Fair competition should be done to reduce the pendency of cases
Wrong complaints of Judges
Two acts of congress substantially cover the judges so that they can work freely the Judicial Officers Protection Act of 1850 and The Judges (protection) act of 1985. Section 77 of the Indian correctional law 1860 protects the judges from felonious proceedings for commodity said or done during judicial duties. Certain people want the bar shouldn't to work without any walls in their work.
So numerous wrongs complaints against the judges are made like misconduct, indecorous courtroom gets, bias with one part, abusing his disdain of court power, engaging in political exertion, felonious gets, importunity, and numerous further.
numerous lawyers train false complaints against the judges because they either lose the case or want to be popular in the court. However, also the courtroom's work will be pending on that day because the judge is absent on that day, if a complaint is filed against a judge. The coming date for all the cases is given because the judge has to give defence for the complaint against him.[22]
Not Enough Courts in India
The bar system in India lacks judges, courts, and coffers and, importantly, increases the mindfulness of the rights of the common man. The central and state aren't taking responsibility for adding the courts on the budget they're handed with. They also suffer from the poor condition of structure and the working of the courts. The courts need to increase with further benches, modified structures, and new mechanisms. Still, numerous courts in this motorized world haven't been streamlined or digitally structured.
Low Budget
The allocated budget of the bar is between 0.8-0.9, and due to this low popular allocation, the Indian bar system and court face an issue of pending cases.[23]
What's the Impact of the Pendency of cases on the Judicial System?
Denial of' timely justice' amounts to the denial of' justice'
Timely disposal of cases is essential to maintain rule of law and give access to justice. Speedy trial is a part of the right to life and liberty guaranteed under Composition 21 of the Constitution. Due to the increase in the pendency of cases a simple civil case that can be resolved within a many months takes times to get resolved. Not only civil but felonious cases are there too which are pending for further than 15 times, cases in which the indicted is in guardianship but still due to sleepy police disquisition and pendency of cases it takes times to apportion justice causing grave injury to the abecedarian rights of the citizens of India.
Affects human rights[24]
Overcrowding of the incarcerations, formerly structure deficient, in some cases beyond 150 of the capacity, results in a" violation of mortal rights". In Felonious cases, from the day the indicted is captured till the judgment of the case comes, he's either kept in jail or released on bail, the other script isn't so frequent as the first one, and due to the pendency of cases in courts, normal felonious cases take further time to get decided due to which the indicted whether shamefaced or not remains in jail and because of that incarcerations get overcrowded. Due to these conditions for an internee cannot be met leading to a mortal rights violation.
Corruptions increases
Due to the increase in the pendency of cases, people numerous times do not fight for their rights or the wrongs caused to them. The reason behind this is simply that people know that if they file a suit in court, it'll take times to resolve leading to a waste of time and plutocrat. Some rather of fighting the wrong, try to resolve the matter outside the court in an illegal wayside by buying the police officer not to file an FIR[25] against them.
Now after telling you all about the pendency of cases, what has been done to resolve them, the factors responsible for it, and the impact done by the pendency of cases? Now I'll tell you about the possible results which if enforced duly can attack the problem of pendency efficiently.
Possible Solution to attack the problem of pendency in courts
The first and foremost result to the problem solves one of the main factors responsible for the pendency of cases i.e., Frequent Adjournments of cases. The main reasons for adjournment which were told above were moreover too important work with the advocate or lack of work with the advocate. So, the result to it's to form an Alternate disagreement Redressal Forum inside the court.
In Order 26 Rule 9 of the Civil Procedure Code (CPC), it gives the Court power to make a Commission to make original examinations to be needful or proper for expounding any matter in disagreement. Section 89 which is the agreement of controversies outside the court, the agreement of disagreement outside the court can be appertained to as arbitration or concession or Judicial agreement including Lok Adalat or agreement.
By Allying Order 26 Rule 9 and Section 89 of CPC court can give an option of Alternate disagreement Redressal Forum (ADR) of civil cases pending for further than 3 times. In this ADR commission, attorneys who are willing to work can be named and a panel of judges should be made. The criteria to choose attorneys for this panel must be that a counsel with at least 10 times of standing in the court can give his name to this commission.
Freights can be decided beforehand and it'll be mandatory for the attorneys to dispose of the case and write a judgment on the case. This judgment will come to the court for finalization and if the parties have any problem with any part of the judgment can oppose it when the finalization of the judgment is being done and the court after harkening to the expostulation rectifies or pass the original order. Also, the freights to the attorneys who are in the arbitration panel will only be paid after the judgment has been written by them to insure no backlog of cases exists there.
Since numerous attorneys who do not have work will come forward for this commission and also attorneys will get good exposure to how a judge works if in the future any of the attorneys get appointed as a judge, also the counsel will ultimately come a good working judge and also more attorneys who do not get the occasion to hoist their legal career will get a platform too.
An analogous type of commission can be constituted for felonious cases as well. In felonious cases, small workshop like examination and cross-examination of substantiations beget a gratuitous workload on the court. However, also this workload will get divided and courts will come dizzy and more effective, if a commission is constituted. But for all this to be done a proper structure for the working of the attorneys is demanded. A major workload is in quarter courts where attorneys work outside the court beneath a chalet or commodity like that with a president and table. This working terrain isn't sufficient for this work. Not only structure but proper security has to be assured in court demesne so that these commissions can work without any fear and impulses caused due to security pitfalls to them.
Now the alternate possible result will break the factor responsible which is the early withdrawal age of Judges and might be suitable to break the pendency of the appointment of judges. In India, the withdrawal age of Judges in District courts is 60 times, in High Courts, it's 62 times and in Supreme Court, it's 65 times. In comparison with the courts in other countries.
India has the smallest withdrawal age, lately in 2019, it was in the news that the withdrawal age could be changed to 65 times in High Court and Supreme Court's withdrawal age will be untouched but nothing happed. To overcome this problem of withdrawal age, judges should suffer a webbing commission when they reach the age of 60 times in the case of a District Judge, 62 times in the case of a High Court Judge, and 65 Times in the case of Supreme Court Judges.
In this webbing commission, the health condition of the Judge, Any misconduct or complaint against the Judge, and the Number of Cases Disposed of by the Judge are the criteria that need to be screened. When all three criteria are in favour of the Judge, also his/ her term should be increased to 65 times of age. At 65 times of age, both the Supreme Court and High Court Judge( whose term got increased) will go through the webbing commission and if they're fit also their term should be increased to the age of 70 Times and after that judge should be retired and these retired judges can be named in the selection commission for the same.
As Judges will be screened on the number of cases disposed of so they will be disposing of further cases in their term to get their term extended, it'll directly target the pendency of cases and since judges will be working at their full capacity and also their term will be extended also the problem of pending appointment of judges won't be felt that important but still, the appointment of other judicial and on-judicial officers is necessary.
Still, it'll live, if these two results are assessed and other factors are dealt also the problem of pendency will be reduced drastically but still. The government tried numerous results like fast- track courts and frequent Lok Adalat but because of indecorous executions, it did not turn out as a success. This way can reduce the pendency of cases but their indecorous executions made this way on-working.[26]
High rate of form of cases and low rate of disposal of cases
The backbone of the pending case is the number of cases adding day by day and the disposal rate of inferior Courts is veritably low, because of the lower number of judges, absenteeism of judges, the process of trial of a case, strikes by lawyers, frequent transfer of judges, etc. in inferior courts.
The only result to this is that the court has to stop the gratuitous form of cases in Courts and promote indispensable remedies for disposing of the case like ADR, Lok Adalat's, plea logrolling, etc. However, also automatically the pendency problem will be answered, If the rate of disposal of a case is high as compared to the form of a case.[27]
ADR
The use of styles similar as agreement or arbitration to resolve a disagreement without resorting to action is called Alternative disagreement resolution. There are three main constituents of ADR i.e., Arbitration which mean the process of setting an argument or disagreement in which people or groups on both sides present their opinions and ideas to a third person or group, concession which means making comity and Agreement which means intervention between disagreeing parties to promote conciliation, agreement or concession.
As we all know there are3.3 crore cases are pending in India, out of which 50 are citizens. All the desires which are composite can be fluently resolved through ADR. Through it, action pendency can be resolved. Section 89 of the law of civil procedure 1908 addresses about the agreement of controversies outside the court by arbitration, concession, agreement, and Lok Adalat. In the time 1996, an act is passed by congress called the arbitration and concession act, to promote ADR in India.[28]
Fast track courts
In the time 2005, the Eleventh Finance Commission recommended a scheme for the creation of a fast- track court. It recommended 1734 fast- track courts for the disposal of pending cases in India[29]. The Supreme Court views all this in a case called Brij Mohan Lal vs. Union of India.[30] The ministry of finance provides finances to the state government for the creation and development of Fast Track courts in a state with the discussion of the concerned High court of that state.
Fast Track Courts were made for 5 times only, after that it's upon the state whether they want to continue it or not. However, some state like Andhra Pradesh, Assam, If the state wants to continue it also, they've to make it endless. Union of India, (2012) 6 SCC 502. In the time 2011, the fast- track courts disposed of around 32lakh cases according to the high courts of state there's a need for every state of India to set up Fast Track Courts in sections so that the problem of action pendency can be answered.[31]
Conclusion
We're concluding this discussion then; the Indian bar system is strong as compared to other bar system present in the world. But it's facing some challenges that are making it less effective. Society is losing stopgap and faith in the bar because of the time taken by it in delivering justice. Judiciary must overcome these challenges; people shouldn't vacillate before going to court.
In this world of technology, people are getting apprehensive of their rights, they know what remedies they've if their rights are infringed. They're approaching the court of law; this right is given by Article 39(A)[32] equal justice and free legal aid given to all.
What government should do is make the bar more compatible, so that can dispose of cases as soon as possible.
The detention is caused substantially due to factors which are insufficiency of judicial officers, shy clerical staff, particular factors, blights in the procedure, lack of structure, abuse of process of law, etc[33]. results like Indispensable disagreement resolution, Lok Adalat's, fast track courts, gram Nyaya lay should be promoted by the government to deliver justice effectively and reduce the workload of bar.[34]
The lack of effectiveness in Indian courts for similar pending cases isn't alright and needs to be fixed soon. However, also the problem of pending cases will surely drop, if some of these results are enforced in our bar system. These pending cases aren't only a big problem for the Indian bar system but also beget torture and emotional disturbance to the victims and their families. Delay in justice is the reason for losing trust in the justice system, and this is significant and critical for our Indian courts. So, this problem needs a realistic and factual result in the bar system.[35]
At, the end I conclude that Indian judicial system and Indian judiciary is far more capable than other country judicial system. The only reason behind pendency of cases is Indian judiciary or in Indian court is that lack of judges in Indian court and there are far more cases as compare to no. of judges. And we have to aware the people for not filling the minor cases in the court, because these cases consume the time of the Indian courts.
So, in my opinion the central and state govt. have to appoint more judges in every district and in high court. So, this can help to reduce the burden from Hon'ble Judges. And we have to use ADR system which says that the people also resolve the disputes outside the court of law.
End-Notes:
"Justice has nothing to do with what goes on in a courtroom; Justice is what comes out of a courtroom."[2]-- By Clarence Darrow
Abstract
The bar is the assay mark for the great nation. The Indian bar system is considered to be the most important bar system in the world. Judiciary is always saluted for working on people's rights and entitlements, taking care of weaker sections of society, and furnishing justice to all.
The pendency of around3.3 crore cases shows the real picture of the Indian bar system since the independence of India. In the current script, the bar failed to deliver justice due to the high number of pending cases. People approach the courts with the loftiest and last approach and treated courts coming to God, wherein if they're unfit to get justice when needed causes great trauma and injury that ca not be explained in words.
The author is veritably keenly trying to unfold and dissect the reasons for the detention in the justice delivery system and their results to attack the pendency of cases. The author has also anatomized the statistics of the pendency of cases in inferior courts, high courts, bars, and the Supreme Court. The author has also bandied the colourful ways the government of every state should be taken into consideration for the fast disposal of pending cases.[3][4]
The pendency of cases is a great problem for our Indian Judiciary. Since Judiciary is the third pillar of our republic proper working without any cargo is necessary. To fight this problem government introduced bars as aquas-judicial body to lessen the burden on the Indian bar and lower the pendency but rather the workload on these bars increased and the problem of pendency increased more compared to the time when the bars were introduced. In recent times, Our CJI M.T.V. Ramana, and Justice Nariman of the Supreme Court spoke on these problems that how they're decelerating down the working of our bar. An increase in workload in any institution hampers its working and, in this case, our bar is lagging because of this pendency people do not get justice on time.
The pendency of Cases in both the Supreme Court and High Courts gave rise to the arising need for technical courts on specific matters for speedy justice and to take off some cargo from the Courts. Bars come into the light as the technical court. The term' Tribunal' is deduced from the word' Daises', which means' Adjudicators of the Classical Roman Republic'.' Tribunal' is an executive body established to discharge quasi-judicial duties. An executive Tribunal is neither a Court nor an administrative body. It stands nearly midway between a Court and an executive body. The extremities of the situation publicizing the enforcement of new rights in the wake of raising State conditioning and headway of the demands of justice have led to the establishment of Bars.
The Income Tax Appellate Tribunal was created in 1941 to reduce the pendency of income duty- related cases from the courts. In 1976, Article 323A and Article 323B [5]were fitted empowering Parliament to constitute executive Bars (both at the central and state position) for adjudication of matters related to reclamation and conditions of service of public retainers.
Composition 323B specified certain subjects (similar as taxation and land reforms) for which Parliament or state houses may constitute bars by making the law.
In 1985, the executive Bars Act was legislated, and due to this colourful bar entered, 350 pending cases on transfer from the High Courts and inferior Courts under section 29 of the Administrative Tribunal Act, 1985. The purpose for which the Act was legislated sounded to be achieved, but this wasn't the case. (Problems faced by bars that made them ineffective)
When cases were transferred to these bars to reduce the burden from High Court and Supreme Court, the bars worked well and reduced significant burdens n from the courts but after sometimes everything returned to where it started. The pendency of cases did not get reduced rather as of now the first benched. The Income Tax Appellate Tribunal has, 538 cases pending as of the End of 2016.[6]
Further than four crore cases are pending in colourful courts in India. Surprisingly, a many of these have been pending for further than ten times. This shows that our Indian judicial system is under tremendous pressure. As per the records of 2022, over4.7 crore cases are pending in courts across different situations of the bar. Of them, 87.4 are pending in inferior courts, and12.4 in High Courts. Amid the rising action trend, further people and associations are approaching courts as lawyers or attorneys.[7]
Introduction
The word Judiciary the image of justice and equivalency is ingrained in our minds, but due to detainments in justice delivery and consequent pendency in courts, one thing leaves a lasting print on our minds. The most constantly bandied motifs in judicial reform are action pendency in courts. The legal sententia Justice Delayed is Justice Denied is well established in the present system of the Indian bar.
The Right to a show and Speedy trial is guaranteed as a abecedarian right under Article 21( Right to life and particular liberty) of the Constitution of India, 1950, detention in the justice delivery system infringes this right. The Law Commission stated that the detention in the decision is as old as the law itself. The devilish detention results in the confinement of justice and increases the cost of action. The speedy trial of a case and fast disposal no way means a hasty division of justice. In some rare cases, the compensation granted for these detainments is productive.[8]
According to the check, further than 60 of cases are still pending in Indian courts for further than two times. This caused a loss of an increase in the mindfulness of the rights of the common man[9].
The pendency of cases in Indian courts is patient, and it has been in the court for times. The system of Indian bar has a lot of issues pending in the courts of the Supreme Court, high court, or quarter court, which leads to a loss of increase in the mindfulness of the rights of the common man.
- In the Supreme Court, the total number of pending cases is around,
- In the high court, the total number of pending cases is around further than 42 lakhs.
- And about three felonious cases are pending in the quarter court and the inferior court.
Research Methodology
This is doctrinal exploration. Only secondary sources have been taken into consideration and appertained to in this study. Primary sources like interviews, questionnaires, and talking to specialists in this field weren't possible. Secondary sources like books, colourful blogs, ample websites, etc have been appertained to in this composition.[10]
Litigation Pendency in India
Pendency means an undecided, undetermined case by the court of law. Pending cases are adding day by day which shows the incapacity of the bar to deliver justice on time. By comparing the Indian judicial system with another judicial systems present in the world we find that the Indian judicial system is more competent and more dependable. But the pendency of cases in India is more as compared to other judicial systemin around the world.
High Courts, Subordinate Courts & Bars Statistics
At present, there are 24 high courts in India, and an aggregate of42.2 lakh cases are pending in these courts. On average1.76 lakh cases are in each court. For further than 5 times around 20 lakh cases are pending.[11] In the Indian constitution, there's sanctioned strength of judges of the high court is 1079 out of which there's a deficit of around 400 judges.
Bars are set up to reduce the overburden of the bar and the rest disposal of the cases.
The 272nd law commission report shows that the purpose of setting up bars wasn't fulfilled because there's a high pendency of cases in some of the bars like executive Bars, Income Tax Tribunal, Debt Recovery Bars, and numerous further.
The inferior courts have a pendency of around 3 crore cases out of which around 2 crores are felonious cases pending and around 88 lakhs are civil cases pending. The top five countries which are responsible for the loftiest pendency of action in inferior courts in India are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), west Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujrat (16.45 lakh).[12]
| Year Wise Pendency | Civil | Criminal | Total |
| 0 to 1 Year | 3623081(41%) | 8426961(38.37%) | 12050034(39.13%) |
| 1 to 3 Years | 2276438(25.76%) | 5577191(25.4%) | 7853628(25.5%) |
| 3 to 5 Years | 1244335(14.08%) | 2809861(12.8%) | 4054196(13.16%) |
| 5 to 10 Years | 1125708(12.74%) | 3264821(14.87%) | 4390529(14.26%) |
| 10 to 20 Years | 435490(4.93%) | 1561112(7.11%) | 1996602(6.48%) |
| 20 to 30 Years | 98973(1.22%) | 277609(1.22%) | 376582(1.22%) |
| Above 30 Years | 32058 (0.36%) | 42901(0.2%) | 74959(0.24%) |
| Total | 8836083 | 21960456 | 30796530 |
| Case Type Wise | |||
| Original | 6426154 | 19803651 | 26229805 |
| Appeal | 489327 | 385532 | 874859 |
| Application | 578436 | 1359249 | 1937685 |
| Execution | 1284769 | 67223 | 1351992 |
| Stage Wise | |||
| Appearance/Service Related | 2066425 | 9915704 | 11982129 |
| Compliance/Steps/stay | 1512225 | 1673378 | 3185603 |
| Evidence/Argument/Judgement | 3835559 | 7493407 | 11328966 |
| Pleadings/Issues/Charge | 1025314 | 1633831 | 2659145 |
Supreme Court statistics
The sanctioned judge's strength for the Supreme Court is 33 judges. Presently, there are 31 judges including the principal justice of India, Justice Ranjan Gogoi. The pending cases at the end of the time 2013 were, 603, at the end of the time 2014[13], 970, at the end of the time 2015,281, 2016,468, at the end of the time 2017,259, at end of the time 2018 was, 994 and in the time 2019 as of now, the pending cases are, 669.[14]
Causes for Action Pendency and Their results
There are colourful reasons for the detention in the disposal of cases. Some of the important reasons as well as some suggestions and recommendations are as follows;
Low judge strength and appointment
When we talk about action pendency, the first study that comes to mind is that are enough judges in the court to deal with the pending cases. In the High courts of India, there are 1079 approved strength judges out of which 680 is the working strength. There are 399 vacuities as per the approved strength. Allahabad high court has the maximum approved strength of 160 judges out of which 53 posts are vacant. The alternate High court has 94 approved judges and 26 posts are vacant. The high court of Sikkim has the minimal number of judge's strength which is 3 judges.
In the current script, India has 19 judges per 10 lakh people.[15] According to the public judicial data grid, the working strength of the judges in inferior courts is, 726, and the approved strength of judges is, 474 judges, which means inferior courts have a vacant post of 5748 judges.
In an interview, Mr. Ravi Shankar Prasad, the law minister of India said that one of the beginning reasons behind the high pendency is occasionally the devilish detention in filling up the vacuities of the judicial services Law Commission of India in its Report No. 245 says that the problem of pendency of cases is largely increased. The court requires a massive resource to deal with this situation to dispose of the cases. There's a need to increase the strength of the judges in the courts to deliver justice to society.[16]
Still, also the government has to fill all the vacant posts of the judges in the high court and the inferior judges, if the government of India wants to break the problem of action pendency. Around 6000 judges are to be appointed in the high courts and the inferior courts. In the Supreme Court, there's a post for 31 judges and there's no vacant post. Judges come more educated when they devote their time to judicial work, which means further the educated judge and further pending cases they can dispose of in a low time hence the withdrawal age should be extended to 70 times so that elderly judges work and give justice presto as compare to the inferior judges.
Process of law
The time taken in proceedings of a case is so lengthy that the peoples sit for times outside the courtroom staying for the court to deliver justice. There are a lot of sounds in a case, several adjournments in a case, and victims come frustrated with fighting for justice. The indicted are misusing the process of law for their benefit.
Government should take measures to reduce the time taken in the disposal of the case. In some cases the supreme court of India passes guidelines to dominate courts to end up a trial within a specified time limit, courts dispose of only those cases gormandize not others. There are so numerous cases that are pending for further than 50 times. Supreme Court should pass guidelines to dispose of those cases gormandize.
Absenteeism of Judges
Judges are also mortal beings, they also have family, musketeers, and relations with society. They also need recesses to spend time with their family and society. The bar is furnishing them with recesses to spend time in society but some judges need further leaves to enjoy their life.
When judges are on vacation without previous informing their seniors also justice is delayed in cases that are to be heard on that day. For illustration, if there's a hail of under trial internee for bail, and the judge is absent on that day without previous informing their seniors also is justice given to the undertrial internee? There are some judges present in the bar, which only works for the payment, and go on vacation without any maintainable reason. Cases of that day were suspended to some other day. This is the reason behind the workload of the bar and the pendency of cases is adding day by day.
Ranjan Gogoi, Chief justice of India has anatomized this problem and come up with a result called no leave formula for judges during working days of the court because of the intimidating number of cases pending in India i.e.,3.3 crore cases. Those judges who failed to follow the no- leave formula either withdraw their name from the judge's list or judicial work is withdrawn from that errant member of the court.[17]
No judge is allowed to take leave on working days except in case of emergencies. However, they should inform their elderly officers before taking leave, if the judge is planning to take leave on working days. Before taking leave, they should coordinate with the principal justice of the high court in case of a high court judge and elderly officer in case of an inferior court so that the case of that day can be heard by any other judge.
Number of prayers available in a case
Judgment is delivered by a judge, in which one party is going to win and the other to lose. The party which loses the case can go to appeal in an advanced court if they aren't satisfied with the judgment delivered. Appeal vittles are made to satisfy the party or to check justice but petitioners made it a means to earn further plutocrat from the parties. They appeal in every case decided by the lower court. That's why the number of pendency is adding in the high courts of the state.
The total number of an appeal depends upon the court gave the judgment is inferior to the superior court. For the appeal to the advanced court, a notice of appeal should be served to the inferior court which has given a judgment, informing about the case you're going to appeal. The appellate court would not entertain the case if the notice of appeal isn't given on time to the lower court, generally, 30 days is given to inform the lower court who has given a judgment for the notice of appeal in the civil case and 10 days in the felonious case. After the notice of appeal is served the advocate can present his draft or solicitation of the case in the advanced court.
Suppose the judgment is delivered by the quarter court also the appeal lies in the session court under chapter 29 of the law of felonious procedure 1973 in case of the felonious case and under section 96 of the law of civil procedure. Also appeal falsehoods in the high court under the appellate governance of the high court (composition 227 of the Indian constitution), also in the supreme court of India under special leave to appeal (composition 136 of the Indian constitution). The supreme court of India is the loftiest appellate authority, no appeal lies after that.
In the high court, 49 lakh cases are pending out of which 24 lakh cases are civil prayers and 13 lakh cases are felonious appeal remaining are writ desires. Petitioners make it a passion, if they win the case also its fine, and if not, they will appeal in an advanced court only for the financial benefits from the parties. These prayers are adding the burden of the advanced courts.
There's a need for the court to determine that only on reasonable grounds prayers are allowed. Nearly in 7 cases out of 10 cases prayers are dismissed because of the grounds on which they're appealed. Only the right of appeal should be is allowed in one case, no other appeal should be allowed. The register of the court should see the appeal grounds than allow any appeal.
Lack of infrastructure
Still, one reason which causes further pendency of cases by decelerating down the process of the trial is the structure of the courts, if we go to the root cause of the action pendency. Mr. Dipak Mishra, former principal justice of India in an interview said that the main cause of the action pendency is the lack of structure for the judges, petitioners, and court staff. Inferior courts warrant introductory installations like proper restroom installations, canteen installations, parking, a library for lawyers, sitting installations for lawyers, and drinking water facilities[18].However, they're too small that 5- 6 people cannot stand in them, if we look at the trail apartments in the quarter or inferior courts.
How does a bar perform its work? In the 21st century of electronic means, utmost of the work done in court is on paper. Courts are ready to run with the elevation society but the government isn't ready to give installations(outfit) to the court like a computer, software, internet installation, etc. if we look at the court structure it looks like it was 100 times old there's a need for a government to make the new court demesne for all old court structure. The new court structure should contain all the necessary installations for the judges, lawyers, court staff, etc.
There's a need for the government to understand that the structure of the courts is the chain that's stopping the judges and court staff from doing their work efficiently. The government should give finances for the development of the bar. Land and structure vacuity for construction of Court Building robotization of the court must be done to ameliorate the structure of the court why this time and the government plans to come up with online connectivity of 2992 quotations if the structure is done also petitioners will be suitable to track their case online check their cases testis order judgment of the court coming hail date at Sector in some of the sections electronic trial has been set up and where to set up other also
Law Commission of India in its Report No. 245 deals with the establishment of fresh courts to exclude detention and speedy concurrence of matters. The hon'ble supreme court in the matter of Imtiyaz Ahmad vs State of U.P.[19] directed the Law Commission of India to set up fresh inferior courts for the elimination of detainments and speedy disposal of cases and also direct lawyers to reduce their costs.
Abuse of the process of law
The law of civil procedure and the law of felonious procedure are the main acts, which define the whole process of trial in a case. In a felonious case, the trial starts by framing the charges against the indicted, also the substantiation is given by the execution, also substantiation for the defence, there's an examination of a substantiation by the execution, and by the indicted counsel, also final arguments by the execution and defendants and also judgment is delivered. In the whole process, the time taken is over to 5 times minimal by the court which may extend to 10 times. In between the trial, there's a process issued to the substantiations which also takes time. And the lawyers take adjournment the case for a veritably long time just to delay the trial.
There are so numerous cases that are running for further than 30 times and the indicted are querying the election and doing corruption. However, also they appeal to the high court, which again gives them five further times to prove the case also there's one further appeal to Supreme Court and the indicted leaves his life lavishly in the whole process of law, If the trial court finds them shamefaced. The person who suffers is the victim he loses his expedients of justice from the bar.
In a civil case, the trial of a court starts from the notices issued to the parties by their lawyers, also the party gives a reply to the notice to the other party, also the matter goes to the court where the court framed the issues of the than the factual trial thresholds.
Now suppose, if a party has possession of a property and the property is disputed. However, also the party who has possession of the property enjoyed the possession of the property for 10 times, If a trial of a case detainments up to 10 times. Is this justice to the other party? There are so numerous cases in which the party chooses not to win the case but to delay the trial because the detention of the trial results in profit for the party.
There's a need for the government to reduce the detention time in the proceedings of the court. Certain vittles in the Civil Procedure Code reduce the detention in proceedings like order XXII rule 3 which says parties either event down a claim or request the court to record the concession between the parties. In numerous cases parties are free to track their cases in Lok Adalat, or through arbitration proceedings. In felonious procedure, there's a term called plea [20]logrolling which also helps in reducing the number of cases
Educational system
In this new period, there's extreme competition among the seminaries and seminaries, sodalities and sodalities. No council or academy is fastening on the education of the pupil, only they're fastening on the freights and the competition among others. As a result of this scholars are getting less educated and when they come into the profession, they aren't able to work. For the Judiciary the judges are enough competent to work but what about the lawyers and court staff Court staffs.
They perform work veritably lower that results in a slow trial of the case. Lawyers aren't able do trial efficiently and presto, they need time to prepare for the case which results in a slow trial of the case.
Litigation pendency can be resolved if the lawyers work hard, not takes time to prepare for the case, this results in a speedy trial of the case. If the court staff does the work duly also also the trial of the case will be presto. The education system needs to prepare scholars for work, not for the money.[21]
The profession of lawyers turned from service- grounded to plutocrat grounded
Still, you'll find that no advocate is fighting for justice, everyone is fighting for the plutocrat which they will admit from their guests, if you visit the court. There's a full competition in the court who'll earn further. Some lawyers charge crores of rupees in a single case for their work.
Some lawyers charge a huge quantum for their work but some lawyers take the quantum because other lawyers are taking it, no bone is ready to work for the quantum they entered from the clients. However, they've taken from the customer also it results in the declination of the value of the profession in the eyes of the guests, if lawyers take the plutocrat and don't work for the plutocrat.
Some lawyers charge grounded on per hail of a case, so that trial the case for times so that they can take plutocrat from the guests for times and times, no advocate is allowing about the action pendency and Justice. All are working for the plutocrat only. There's a need that advocates should work professionally not for the plutocrat if the lawyers' fight for justice also one day total of the colour of the Judiciary will be changed.
Competition (lack of fair competition)
In this competition period, there are two ways to attack the competition, one is to work hard and also go above the others and the second is for those who have worked hard to stop them and go over. The alternate bone is easy that's why some people accept this.
For illustration, if a judge has given a judgment against an advocate, also the advocate will file a false complaint against the judge for business, corruption, or misconduct. This is how gratuitous case is increased. Some attorneys complain about the attorneys who earn further plutocrat than them, this is how the competition is reduced currently. The lack of fire competition increases the gratuitous increase in the number of cases and work of the bar.
Lawyers need to understand that competition helps in perfecting yourself. Fair competition should be done to reduce the pendency of cases
Wrong complaints of Judges
Two acts of congress substantially cover the judges so that they can work freely the Judicial Officers Protection Act of 1850 and The Judges (protection) act of 1985. Section 77 of the Indian correctional law 1860 protects the judges from felonious proceedings for commodity said or done during judicial duties. Certain people want the bar shouldn't to work without any walls in their work.
So numerous wrongs complaints against the judges are made like misconduct, indecorous courtroom gets, bias with one part, abusing his disdain of court power, engaging in political exertion, felonious gets, importunity, and numerous further.
numerous lawyers train false complaints against the judges because they either lose the case or want to be popular in the court. However, also the courtroom's work will be pending on that day because the judge is absent on that day, if a complaint is filed against a judge. The coming date for all the cases is given because the judge has to give defence for the complaint against him.[22]
Not Enough Courts in India
The bar system in India lacks judges, courts, and coffers and, importantly, increases the mindfulness of the rights of the common man. The central and state aren't taking responsibility for adding the courts on the budget they're handed with. They also suffer from the poor condition of structure and the working of the courts. The courts need to increase with further benches, modified structures, and new mechanisms. Still, numerous courts in this motorized world haven't been streamlined or digitally structured.
Low Budget
The allocated budget of the bar is between 0.8-0.9, and due to this low popular allocation, the Indian bar system and court face an issue of pending cases.[23]
What's the Impact of the Pendency of cases on the Judicial System?
Denial of' timely justice' amounts to the denial of' justice'
Timely disposal of cases is essential to maintain rule of law and give access to justice. Speedy trial is a part of the right to life and liberty guaranteed under Composition 21 of the Constitution. Due to the increase in the pendency of cases a simple civil case that can be resolved within a many months takes times to get resolved. Not only civil but felonious cases are there too which are pending for further than 15 times, cases in which the indicted is in guardianship but still due to sleepy police disquisition and pendency of cases it takes times to apportion justice causing grave injury to the abecedarian rights of the citizens of India.
Affects human rights[24]
Overcrowding of the incarcerations, formerly structure deficient, in some cases beyond 150 of the capacity, results in a" violation of mortal rights". In Felonious cases, from the day the indicted is captured till the judgment of the case comes, he's either kept in jail or released on bail, the other script isn't so frequent as the first one, and due to the pendency of cases in courts, normal felonious cases take further time to get decided due to which the indicted whether shamefaced or not remains in jail and because of that incarcerations get overcrowded. Due to these conditions for an internee cannot be met leading to a mortal rights violation.
Corruptions increases
Due to the increase in the pendency of cases, people numerous times do not fight for their rights or the wrongs caused to them. The reason behind this is simply that people know that if they file a suit in court, it'll take times to resolve leading to a waste of time and plutocrat. Some rather of fighting the wrong, try to resolve the matter outside the court in an illegal wayside by buying the police officer not to file an FIR[25] against them.
Now after telling you all about the pendency of cases, what has been done to resolve them, the factors responsible for it, and the impact done by the pendency of cases? Now I'll tell you about the possible results which if enforced duly can attack the problem of pendency efficiently.
Possible Solution to attack the problem of pendency in courts
The first and foremost result to the problem solves one of the main factors responsible for the pendency of cases i.e., Frequent Adjournments of cases. The main reasons for adjournment which were told above were moreover too important work with the advocate or lack of work with the advocate. So, the result to it's to form an Alternate disagreement Redressal Forum inside the court.
In Order 26 Rule 9 of the Civil Procedure Code (CPC), it gives the Court power to make a Commission to make original examinations to be needful or proper for expounding any matter in disagreement. Section 89 which is the agreement of controversies outside the court, the agreement of disagreement outside the court can be appertained to as arbitration or concession or Judicial agreement including Lok Adalat or agreement.
By Allying Order 26 Rule 9 and Section 89 of CPC court can give an option of Alternate disagreement Redressal Forum (ADR) of civil cases pending for further than 3 times. In this ADR commission, attorneys who are willing to work can be named and a panel of judges should be made. The criteria to choose attorneys for this panel must be that a counsel with at least 10 times of standing in the court can give his name to this commission.
Freights can be decided beforehand and it'll be mandatory for the attorneys to dispose of the case and write a judgment on the case. This judgment will come to the court for finalization and if the parties have any problem with any part of the judgment can oppose it when the finalization of the judgment is being done and the court after harkening to the expostulation rectifies or pass the original order. Also, the freights to the attorneys who are in the arbitration panel will only be paid after the judgment has been written by them to insure no backlog of cases exists there.
Since numerous attorneys who do not have work will come forward for this commission and also attorneys will get good exposure to how a judge works if in the future any of the attorneys get appointed as a judge, also the counsel will ultimately come a good working judge and also more attorneys who do not get the occasion to hoist their legal career will get a platform too.
An analogous type of commission can be constituted for felonious cases as well. In felonious cases, small workshop like examination and cross-examination of substantiations beget a gratuitous workload on the court. However, also this workload will get divided and courts will come dizzy and more effective, if a commission is constituted. But for all this to be done a proper structure for the working of the attorneys is demanded. A major workload is in quarter courts where attorneys work outside the court beneath a chalet or commodity like that with a president and table. This working terrain isn't sufficient for this work. Not only structure but proper security has to be assured in court demesne so that these commissions can work without any fear and impulses caused due to security pitfalls to them.
Now the alternate possible result will break the factor responsible which is the early withdrawal age of Judges and might be suitable to break the pendency of the appointment of judges. In India, the withdrawal age of Judges in District courts is 60 times, in High Courts, it's 62 times and in Supreme Court, it's 65 times. In comparison with the courts in other countries.
India has the smallest withdrawal age, lately in 2019, it was in the news that the withdrawal age could be changed to 65 times in High Court and Supreme Court's withdrawal age will be untouched but nothing happed. To overcome this problem of withdrawal age, judges should suffer a webbing commission when they reach the age of 60 times in the case of a District Judge, 62 times in the case of a High Court Judge, and 65 Times in the case of Supreme Court Judges.
In this webbing commission, the health condition of the Judge, Any misconduct or complaint against the Judge, and the Number of Cases Disposed of by the Judge are the criteria that need to be screened. When all three criteria are in favour of the Judge, also his/ her term should be increased to 65 times of age. At 65 times of age, both the Supreme Court and High Court Judge( whose term got increased) will go through the webbing commission and if they're fit also their term should be increased to the age of 70 Times and after that judge should be retired and these retired judges can be named in the selection commission for the same.
As Judges will be screened on the number of cases disposed of so they will be disposing of further cases in their term to get their term extended, it'll directly target the pendency of cases and since judges will be working at their full capacity and also their term will be extended also the problem of pending appointment of judges won't be felt that important but still, the appointment of other judicial and on-judicial officers is necessary.
Still, it'll live, if these two results are assessed and other factors are dealt also the problem of pendency will be reduced drastically but still. The government tried numerous results like fast- track courts and frequent Lok Adalat but because of indecorous executions, it did not turn out as a success. This way can reduce the pendency of cases but their indecorous executions made this way on-working.[26]
High rate of form of cases and low rate of disposal of cases
The backbone of the pending case is the number of cases adding day by day and the disposal rate of inferior Courts is veritably low, because of the lower number of judges, absenteeism of judges, the process of trial of a case, strikes by lawyers, frequent transfer of judges, etc. in inferior courts.
The only result to this is that the court has to stop the gratuitous form of cases in Courts and promote indispensable remedies for disposing of the case like ADR, Lok Adalat's, plea logrolling, etc. However, also automatically the pendency problem will be answered, If the rate of disposal of a case is high as compared to the form of a case.[27]
ADR
The use of styles similar as agreement or arbitration to resolve a disagreement without resorting to action is called Alternative disagreement resolution. There are three main constituents of ADR i.e., Arbitration which mean the process of setting an argument or disagreement in which people or groups on both sides present their opinions and ideas to a third person or group, concession which means making comity and Agreement which means intervention between disagreeing parties to promote conciliation, agreement or concession.
As we all know there are3.3 crore cases are pending in India, out of which 50 are citizens. All the desires which are composite can be fluently resolved through ADR. Through it, action pendency can be resolved. Section 89 of the law of civil procedure 1908 addresses about the agreement of controversies outside the court by arbitration, concession, agreement, and Lok Adalat. In the time 1996, an act is passed by congress called the arbitration and concession act, to promote ADR in India.[28]
Fast track courts
In the time 2005, the Eleventh Finance Commission recommended a scheme for the creation of a fast- track court. It recommended 1734 fast- track courts for the disposal of pending cases in India[29]. The Supreme Court views all this in a case called Brij Mohan Lal vs. Union of India.[30] The ministry of finance provides finances to the state government for the creation and development of Fast Track courts in a state with the discussion of the concerned High court of that state.
Fast Track Courts were made for 5 times only, after that it's upon the state whether they want to continue it or not. However, some state like Andhra Pradesh, Assam, If the state wants to continue it also, they've to make it endless. Union of India, (2012) 6 SCC 502. In the time 2011, the fast- track courts disposed of around 32lakh cases according to the high courts of state there's a need for every state of India to set up Fast Track Courts in sections so that the problem of action pendency can be answered.[31]
Conclusion
We're concluding this discussion then; the Indian bar system is strong as compared to other bar system present in the world. But it's facing some challenges that are making it less effective. Society is losing stopgap and faith in the bar because of the time taken by it in delivering justice. Judiciary must overcome these challenges; people shouldn't vacillate before going to court.
In this world of technology, people are getting apprehensive of their rights, they know what remedies they've if their rights are infringed. They're approaching the court of law; this right is given by Article 39(A)[32] equal justice and free legal aid given to all.
What government should do is make the bar more compatible, so that can dispose of cases as soon as possible.
The detention is caused substantially due to factors which are insufficiency of judicial officers, shy clerical staff, particular factors, blights in the procedure, lack of structure, abuse of process of law, etc[33]. results like Indispensable disagreement resolution, Lok Adalat's, fast track courts, gram Nyaya lay should be promoted by the government to deliver justice effectively and reduce the workload of bar.[34]
The lack of effectiveness in Indian courts for similar pending cases isn't alright and needs to be fixed soon. However, also the problem of pending cases will surely drop, if some of these results are enforced in our bar system. These pending cases aren't only a big problem for the Indian bar system but also beget torture and emotional disturbance to the victims and their families. Delay in justice is the reason for losing trust in the justice system, and this is significant and critical for our Indian courts. So, this problem needs a realistic and factual result in the bar system.[35]
At, the end I conclude that Indian judicial system and Indian judiciary is far more capable than other country judicial system. The only reason behind pendency of cases is Indian judiciary or in Indian court is that lack of judges in Indian court and there are far more cases as compare to no. of judges. And we have to aware the people for not filling the minor cases in the court, because these cases consume the time of the Indian courts.
So, in my opinion the central and state govt. have to appoint more judges in every district and in high court. So, this can help to reduce the burden from Hon'ble Judges. And we have to use ADR system which says that the people also resolve the disputes outside the court of law.
End-Notes:
- Thomas Jefferson - The Declaration of Independence, https://bookroo.com/quotes/court-trials
- Clarence Darrow, https://www.brainyquote.com/quotes/clarence_darrow_386865?src=t_courtroom
- Introduction (2022, December 10) https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- (2022, December 12) https://mail.legalservice.com
- The Indian Constitution, 1950
- Abstract (2022 December 09), https://articles.manupatra.com/article-details/Pendency-of-Cases
- Pending in courts across India (2022, December 08), https://blog.finology.in/Legal-news/pending-cases-in
- Law Commission of India, 14th Report on Reform of Judicial Administration (1958).
- (2022, December 08), https://unacademy.com/content/upsc/study-material/general-awareness/pending-cases-in-india/
- Research Methodology (2022, December 10), https://njdj.ecourts.gov.in/hcnjdgp-public/main.php
- National judicial data grid of Indian courts (2022, December 10), https://njdj.ecourts.gov.in/hcnjdgp-public/main.php
- (2022, December 12), https://mail.legalservice.com
- Supreme Court statistics (2022, December 10), http://www.sci.gov.in
- (2022, December 12), https://www.thehindubusinessline.com/news/India-has-19-judges-per-10-lakh-people-data/artcile25030009.ece
- (2022, December 12), https://itatonline.org/info/chief-justice-of-India-bans-judges-from-taking-leave-on-workingdays/
- (2022, December 11), https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- AIR SC 2012 642
- (2022, December 12), https://mail.legalservice.com
- (2022, December 11), https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- (2022, December 11), https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- (2022, December 13), https://unacademy.com/content/upsc/study-material/general-awareness/pending-cases-in-india/
- Human Rights Act, 1998
- C.r.P.C
- (2022, December 12), https://articles.manupatra.com/article-details/Pendency-of-Cases
- (2022, December 15), https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- All you need to know about Alternative Dispute Resolution, https://blog.ipleader.in/adr-alternative-dispute-resolution
- An overview of Fast Track Courts
- (2005) 3 SCR 103
- Gram Nyayalaya final report
- Indian Constitution, 1950
- (2022, December 15), https://www.legalserviceindia.com/legal/article-1188-causes-for-litigation-pendency-in-india.html
- (2022, December 12), https://mail.legalservice.com
- (2022, December 16), https://unacademy.com/content/upsc/study-material/general-awareness/pending-cases-in-india/
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