Introduction:
The Indian judicial system, often considered the backbone of justice delivery, is grappling with a persistent challenge – the mounting backlog of pending cases. India’s 25 High Courts suffer from a staggering backlog of 60.9 lakh cases, of which 43.7 lakh civil cases and 17.1 lakh criminal cases wait for their turns. To put into perspective, on average about 2,43,636 cases are pending before the High Courts.
Body
| Courts | Pendency of cases |
| Supreme Court | 75,411 cases |
| High Courts | 7 million cases |
| Lower courts | 42 million cases |
The challenges faced by the Criminal Justice System in India (CJSI) are multifaceted:
- Shortage of Judges: The judiciary grapples with a significant shortage of judges, approximately 35%, leading to case resolution delays due to a backlog of pending cases.
- Backlog of Cases: As of December 2020, NJDG data disclosed a staggering 4.3 crore pending cases in Indian courts. Lower courts take over 3 years, and the Supreme Court averages around 5 years to conclude cases.
- Regional Disparities: Several states, notably Bihar and Uttar Pradesh, experience disproportionately high levels of pending cases compared to the national average.
- High Rates of Undertrials: In 2022, about 70% of the prison population consisted of undertrial prisoners facing prolonged pretrial detention due to legal delays and bail challenges.
- Lack of Infrastructure: Insufficient infrastructure and resources in many Indian courts contribute to delays in case resolution.
- Complexity of Cases: A substantial portion (55%) of cases demands significant time and resources, leading to delays.
- Procedural Delays: Legal processes encounter delays due to difficulties in locating witnesses or delays in evidence procurement.
- Weak Enforcement of Court Orders: In some instances, court orders are not effectively enforced, causing additional delays.
- Increased Legal Awareness: A surge in legal awareness has led to a higher number of cases, including the introduction of mechanisms like Public Interest Litigation (PIL), expanding the caseload.
The impact of judicial pendency on the justice delivery system in India includes:
- Administrative Delays in Justice: A backlog of pending cases results in significant delays, stretching over years or decades.
- Diminished Justice Quality: Limited time and resources constrain judges, leading to decisions lacking comprehensive analysis.
- Overwhelming Court System: High case volumes burden the court system, challenging judges to efficiently handle and adjudicate matters.
- Erosion of Public Trust: Prolonged delays erode public confidence in the legal system, causing a loss of faith among the general population.
- Financial Strain on Litigants: Lengthy litigation imposes a financial burden on litigants, affecting economic growth and stability.
- Injustice to Victims and Witnesses: Case backlogs may lead to witnesses forgetting critical details or victims losing trust in the justice system.
- Adverse Economic Impact: Legal system delays can negatively impact the economy by hindering or postponing business activities.
Efforts have been made to address case pendency:
- Virtual Court System: Traditional court proceedings occur through videoconferencing, ensuring accessibility and reducing case backlogs.
- e-Courts Portal: A comprehensive platform for all stakeholders, enhancing justice access through technology.
- E-filing: Electronic submission of court cases online, offering time and cost savings.
- e-Payment of Court Fees and Fines: Online payments reduce reliance on cash, stamps, and cheques.
- Interoperable Criminal Justice System (ICJS): Facilitates seamless data exchange among various criminal justice components through a unified platform.
- Fast Track Courts: Government-established fast-track courts aim to expedite justice delivery.
- Alternative Dispute Resolution (ADR): Mechanisms like Lok Adalats and Online Dispute Resolution ensure timely dispute resolution.
Conclusion
In conclusion, addressing backlog is vital for efficient legal system functioning and upholding justice principles. Reducing judicial pendency restores public trust in the justice delivery system, ensuring effective justice delivery.
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