How to solve the issue of pending cases in Indian courts

How to solve the issue of pending cases in Indian courts

Present situation :-

  • As of January 2018, over 3.3 crore cases are pending in Indian courts. Of them, 60% of pending cases are in court for more than 2 years.
  • Delay in justice causes emotional trauma for the victims.

Reasons for pending cases in Indian courts :-

  • There are not enough judges in India. There are a lot of vacancies in High courts and in lower courts as well.
  • Government is the biggest litigant in India. According to the Ministry of Law and Justice, government departments are a party to around “46 percent” of court cases.
  • Cost of litigation is very low. As a result burden on courts is increasing with increasing number of cases.
  • Rising awareness in public about their rights & law is also a reason for increasing number of cases and hence the burden on courts.

What needs to be done :-

  • Filling vacancies in courts & recruiting more number of judges will help a lot in solving the pending cases issue in Indian courts.
  • Better counselling services will help in reducing the burden on courts. In many cases, family disputes & marital disputes goes to court due to lack of proper counselling services in police stations.
  • Alternative Dispute Redressal System (ADR)“Arbitration”, “Mediation” and “Conciliation” need to be encouraged.
  • Law education should be improved in such a way that it produces more number of judges and not just lawyers.
  • Care should be taken to reduce burden on judges to allow them to handle more number of cases.

Conclusion :-

Delayed justice causes lose of trust in the justice system. There is a saying that “the one who loses the case cries in court and the person that wins the case cries at home”, which tells the struggle of lengthy trials and the expenses it involves. There is a dire need to fill the large vacancies for judges in lower courts.

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9 comments

  1. in a nutshell the collagium needs to be fabricated with making some changes making fast track courts for small quarrels so that the burden of these courts dont pass it on to higher courts secondly the courts should be given autonomous powers to perform their rights.

  2. It has been a great topic for discussion in the courts that if the assistance could be given to the judges like 2 law researcher for a judge, then it could create an effective result to bring down the numbers of pending cases.

  3. According to me judges are not enough and there are lots of vacancy in the High count and Lower court, as a result pending cases are increasing.First of all Government has to fill the vacancy in the High court and Lower court . Secondly Judges should not go to leave for long time like one month or more. We see people goes to the court to get justice bit long time passed case is pending and accused person roaming Scott free do people loose the faith of Indian judiciary system. Thirdly according to me some petty matter in the family or husband and wife it should be resolved in the Lower court and case should be dismissed , what verdict will come they have to access it .As they have money they will go to higher court , they will not be able to go. Then the number of cases can reduce

  4. justice in india is very fair. it gives equal oppourtinity to both offender and victim to prove their innonence.
    1. special courts for small quarrels like between two people or communities should be set up.
    2. efforts should be made to dissolve the issue out of court by agreement between the parties.

  5. The major cases ,which are going in court is not so complex like a qurral between two families,two groups etc .
    If these types of cases will not reached at court than the burden of court can be reduced and it can be possible by making more professional ways to judge by panchyat member in village .
    Here expenses is less than court .

    1. That’s a good thought. But the problem with this is, it may turn like a khap panchayat, which imposes harsh punishments in the name of age-old customs and traditions.

  6. Some of the ways the problem could be solved
    .Appointment of more judges as there are only 10.25 judges for 1 million population approximately.
    2.Opening up of more courts lok adalats, fast track courts etc.
    3.making the working hours of judges more efficient.
    4.Small cases like fights betweem two groups, domestic fights which can be solved with discussions should be brought under a different system.
    5. Adjourment of cases after three/ four trials should not be allowed.
    These long due cases affect the quality of life of the person living in prison without doing any crime and also people bearing the high litigation cost of lawyers.

    1. I would like to add on your 5th point that there are some cases which are so important that even Chief Justice ask the bench to continue though it is taking longer time. So if we set a limit for the adjournment on the basis of the importance and priority then I personally think it would be really helpful.
      One point I would like to add that if particular divisions for particular matters can do a great job.
      Thank you.

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