Mentor’s Comment:   India’s judicial delays have come under sharp focus due to the enormous case backlog—over 5 crore cases pending across the Supreme Court, High Courts, and district courts. This crisis undermines the public’s trust in the legal system, as highlighted by President Droupadi Murmu’s reference to the ‘black coat syndrome’. The issue has resurfaced in light of systemic problems such as judicial vacancies, ineffective case management, and poor infrastructure, especially at the district level, where civil cases face the longest delays. The situation has sparked urgent calls for reform, improved judge strength, and the expansion of alternative dispute resolution mechanisms like Lok Adalats, which have successfully resolved over 27.5 crore cases since 2021.

Today’s editorial analyses India’s judicial delays. This topic is important for GS Paper II (Indian Polity) in the UPSC mains exam.

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Let’s learn!

Why in the News?

Recently, India’s problem of slow court cases has gained attention because more than 5 crore cases are still waiting to be heard in the Supreme Court, High Courts, and district courts.

Why is timely justice vital for public trust?

• Maintains faith in the rule of law: When justice is delivered promptly, people believe that the system works and protects them. Eg: The Jessica Lal murder case initially led to public outrage due to delays, but the eventual conviction in a fast-tracked appeal restored some public confidence.
• Deters future crimes: Swift punishment sends a strong message that wrongdoing will not go unpunished, discouraging potential offenders. Eg: Fast-track courts for sexual assault cases post-Nirbhaya have increased deterrence and quicker resolution.
• Reduces prolonged trauma for victims: Delayed trials prolong emotional and mental stress for victims and their families. Eg: In the 2002 Gujarat riots cases, delayed justice caused continued trauma to survivors; timely convictions like in the Best Bakery case brought some closure.
• Prevents misuse of legal loopholes: Delays allow the accused to manipulate evidence, threaten witnesses, or use legal tricks to avoid punishment. Eg: In the Bhopal gas tragedy case, delay of over two decades led to very mild punishments, causing loss of trust in the judiciary.

What causes structural delays in courts?

• Judicial Vacancies: A shortage of judges leads to an overwhelming case burden on existing judges, slowing down the process. Eg: As of 2024, over 30% of High Court posts remain vacant across India, increasing pendency.
• Procedural Inefficiencies: Outdated procedures, frequent adjournments, and lengthy documentation cause unnecessary delays. Eg: In civil suits, routine adjournments under Order XVII of CPC often delay hearings for years.
• Inadequate Infrastructure: Lack of proper courtrooms, digital tools, and support staff hampers smooth functioning. Eg: Rural courts often lack basic IT infrastructure, affecting e-filing or virtual hearings.
• Pending Government Cases: A large number of cases are filed by or against the government, clogging the judicial pipeline. Eg: Government is the biggest litigant, responsible for nearly 50% of pending cases.
• Lack of Case Management Systems: Courts often don’t follow structured timelines or track progress systematically. Unlike fast-track courts, regular trial courts lack proper scheduling, leading to indefinite extensions.

Why are civil cases slower in district courts?

• Frequent Adjournments Requested by Parties: Parties often misuse the provision of adjournments to delay proceedings unnecessarily. Eg: In a property dispute in Uttar Pradesh, the defendant sought over 20 adjournments in 5 years, delaying the verdict significantly.
• Insufficient Judicial Strength: A shortage of judges leads to excessive caseloads, slowing the pace of case disposal. Eg: In Madhya Pradesh, one district judge was handling over 2,000 cases, making timely resolution nearly impossible.
• Delay in Filing and Responding to Documents: Government departments and advocates often delay submitting necessary replies or documents. Eg: In a civil suit against a municipal corporation in Maharashtra, a delay of 18 months occurred because the civic body failed to file its written statement on time.

What role does ADR play in reducing pendency?

• Eases Burden on Courts: ADR mechanisms like mediation, arbitration, and conciliation help resolve disputes outside the formal court system, thus reducing the number of cases pending in courts. Eg: In Delhi, the mediation centre at Tis Hazari Courts has resolved over 2 lakh cases since 2005, significantly easing judicial workload.
• Faster and Cost-Effective Resolution: ADR offers a quicker, less expensive, and more flexible approach compared to traditional litigation, encouraging parties to settle early. Eg: In commercial disputes, arbitration under the Indian Arbitration and Conciliation Act often concludes within 12–18 months, unlike civil suits which may take years.

How effective are Lok Adalats in clearing backlogs?

• High Volume Disposal: Lok Adalats are effective in disposing of a large number of cases quickly, especially compoundable civil and petty criminal cases.
  Eg: In the National Lok Adalat held in November 2023, over 1 crore cases were settled in a single day, significantly reducing court backlog.
• Reduced Litigation Time & Cost: They offer speedy and cost-free resolution, which encourages litigants to settle disputes without lengthy trials, thus clearing cases that would otherwise clog lower courts.
• Binding and Final Awards: The decisions are legally binding, and there is no appeal, which ensures that the disposed cases do not re-enter the judicial system, helping in permanent reduction of pending cases.
• Focus on Pre-litigation Cases: Lok Adalats also take up pre-litigation matters, preventing disputes from entering the formal court system, and thereby curbing future backlog.

However, they are less effective for complex or non-compoundable cases (like serious criminal or constitutional matters), so their impact is limited to specific case types.

Way forward: 

• Institutional Strengthening and Legal Awareness: Strengthen infrastructure and ensure regular training for mediators and conciliators. Promote legal literacy to make citizens aware of ADR mechanisms and Lok Adalats as effective alternatives to litigation.
• Digital Integration and Monitoring: Introduce e-Lok Adalats, expand online dispute resolution (ODR), and use data-driven monitoring to track disposal rates and identify bottlenecks in the system for continuous improvement.

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