Judicial Pendency Flashcards
Q. Write an introduction for the topic “Judicial Pendency”.
Ans : 1. Definition - Refers to the clogged state of judicial system in India where the quantum of litigations is spiking exponentially but the output in form of judgements or settling of disputes moves at the slow pace .
2. Ministry of Law and Justice recently informed the Rajya Sabha that over 5.02 crore cases were pending in various courts.
Q. What are the reasons for the pendency of cases ?
Ans : 1. Low ratio of judges to population ( 21 judges for every million people whereas Law Commision has recommended 50 Judges per million)
2. Delay in filling the vacancies of judicial officers and judges.
3. Lack of infrastructure: Court complexes lack adequate funds, internet, lackadaisical working style of staff, and courtrooms to occupy newly appointed judges ( 0.08-0.09% of the GDP is the budgetary allocation to the judiciary).
4. Delayed investigation: Due to non availability of counsel, misaligned incentives, complexity of facts involved, nature of evidence etc.
5. Other issues like abusing contempt of court power, improper courtroom behaviour etc.
Q. What is the “Way Forward” for Judicial pendency ?
Ans : 1. Appointment of judges: Articles 224A and 128 can be invoked to appoint ad hoc judges.
2. Promoting Alternative Dispute Resolution (ADRs) mechanism such as Lok Adalat, Arbitration, Mediation, Conciliation etc.
3. Strengthen infrastructure.
4. Setting a time limit .
5. Create a law-abiding society : Introduce incentive and sanction-based models of motivation to ensure that citizens abide by the law.
Q. What are some initiatives taken to curb Judicial Pendency ?
Ans : 1. Legal Information Management and Briefing System (LIMBS), a web based application for monitoring cases involving the central govt, more effectively and transparently.
2. Project Sahyog to reduce pending cases.
3. Mediation Bill, 2023 provides pre-litigation mediation by parties.
4. e-courts to improve access to justice using technology.
5. Fast Track Courts (FTCs) are dedicated courts expected to ensure swift dispensation of justice.
