Why in the News
A suit filed in the Bombay High Court in 1947 was settled out of court only this year, after 79 years of litigation. Such delays push well-connected creditors to take money disputes to the police, making the police a parallel civil justice delivery mechanism.
What is the criminalisation of civil disputes?
- What it is: A creditor recasts an unpaid debt, a civil dispute, as a crime such as “cheating” or “breach of trust”. It is like calling the police over a broken business promise.
- Why creditors use it: Civil courts are too slow to recover money, so affluent and well-connected litigants turn to the police instead.
- Legal position: Merely breaching a contract to pay money is neither cheating nor breach of trust, so such complaints usually have no criminal angle.
- Police motive: A litigant offers an officer a cut if the debtor settles; one police branch is rumoured to work on a “commission basis”.
- The takeaway: Debt recovery moves from a slow but lawful court process to a fast, coercive one run by the police.
Why are India’s civil courts so slow?
- Decades-long suits: A suit in the Bombay High Court usually takes more than 20 years to decide, practitioners estimate.
- Too few judges: Maharashtra has 15 judges per million people. At the Bombay High Court, the figure falls to 1.9 per million.
- Backlog: The National Judicial Data Grid (NJDG), the official online database of court cases, shows 648,725 cases pending in the Bombay High Court.
- Roster limits: The handful of judges hearing original civil suits cannot clear the backlog, even before new filings.
- Archaic procedure: Civil procedure lets a defendant thwart a decree, the court’s final order. The Privy Council, colonial India’s top appeal court, said in 1872 that difficulties “begin when he has obtained a Decree”.
What do the brief comparisons with other countries show?
- Judge strength abroad: New York state has about 157 judges per million people, more than ten times Maharashtra’s ratio.
- Extra-judicial remedies: Litigants in Japan and Venezuela also seek remedies outside failing courts; in India the substitute is the police.
How does police pressure force a settlement?
- Summons: Civil defendants rarely appear in person, but police send the “accused” debtor a cryptic summons at short notice.
- Preliminary inquiry: In a “preliminary inquiry”, the debtor waits for hours, sees others abused and hears threats to arrest him or his family. He is told to return the next day.
- Settlement without FIR: Most debtors give in before a First Information Report (FIR) is registered. By some accounts, half of such cases end at the preliminary inquiry stage.
- Levers of fear: Fear of arrest, deplorable prisons and reputational loss push defendants to settle.
Why does the law fail to stop it?
- Law on the books versus law in action: Scholars note a wide gap between what the law says and how it operates.
- Abuse of process: The Supreme Court has repeatedly deprecated criminalising civil cases as an “abuse of process”, yet the practice continues.
- Courts not to blame: Understaffed courts did not create the problem; the civil justice system needs structural and cultural reform.
Challenges
- Judge shortage: Low judge strength keeps civil backlogs growing faster than courts can clear them.
- Unrecorded coercion: Pressure applied before any First Information Report (FIR) leaves little record to challenge.
- Unequal access: Only well-connected creditors can use the police route, so outcomes tilt towards power.
Way Forward
- More judges: The Centre and States should raise judge strength towards the 50 judges per million the Malimath Committee recommended.
- Civil procedure reform: Parliament should simplify civil procedure so defendants cannot stall decrees indefinitely.
- Mandatory pre-litigation mediation: Parliament should make mediation compulsory for commercial disputes, as the 162nd Parliamentary Report (2026) recommended.
Conclusion
Slow courts have not removed the demand for dispute resolution; they have moved it to the police station, where coercion replaces adjudication. Whether courts again become the faster route will decide if this parallel system fades.
Key numbers
- Maharashtra’s population: 112 million (Census 2011), larger than any European country except Russia.
- Civil suits pending in the Bombay High Court: 9,454.
Government Initiatives to Reduce Judicial Pendency
- e-Courts Phase III: Builds “Integrated Digital Courts” with paperless filing.
- Justice Clocks: Installed in 37 High Courts to show real-time data on case disposal and pendency.
- Alternative dispute resolution: Lok Adalats, Gram Nyayalayas and Online Dispute Resolution settle disputes outside regular courts.
Matching Previous Year Question
“No direct PYQ traced in the provided files. Thematic PYQ: [2024, GS2, 15 marks] Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary?”