India’s crushing court backlogs, out-of-the box reform

GS Paper 2: Judiciary

Important for

Prelims exam: About Status of Pendency Cases

Mains exam: Measures to Tackle Pending cases

Why in News?

Two important voices have weighed in recently on delays in the justice delivery system. The Chief Justice of India D.Y. Chandrachud stated that increasing the number of judges will not demolish the perennial problem of pendency, and that it is difficult enough now to find good High Court judge material.

Losing resources from the High Court, Supreme Court

Strengthen online justice and mediation

Employ mediation

  • When you realise that it costs much less, takes a fraction of the time litigation does, brings about settlements which all sides can agree to, eliminates appeals, is easy to enforce if necessary, and respects and restores relationships then you know why Singapore’s Chief Justice Sundresh Menon says, “What’s not to like about mediation?”
  • It is a no-brainer to use mediation as a central peg of reform.

What is necessary for it?

Conclusion

When we look at the crushing backlogs of Indian courts even the bravest feel daunted, and every Chief Justice probably feels like the Greek mythological figure of Sisyphus vainly, and in eternity, rolling the boulder up the hill only for it to roll back. Conventional reform prescribes more of the same more judges, more courts, more staff, more infrastructure. But we know that we do not have the resources of either money or men and women. And, surely, we are tired of constant bewailing of the obvious and ever present problems. These suggestions offer a strikingly different approach, one which garners and puts to best use excellent available resources, technological and personal, and can make a telling impact.