Ease of Justice | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

During the first All India District Legal Services Authorities Meet on Saturday, Prime Minister Narendra Modi stressed the significance of providing easy access to justice, which is as crucial as ease of living. He expressed his confidence in the Indian judiciary and emphasized the importance of ensuring that everyone has equal access to the judicial system, which is essential for any society to deliver justice. As the country celebrates the "Azadi ka Amrit Kaal" period, the Prime Minister emphasized the need to address long-neglected areas and fulfill our duties. He drew attention to the sensitivity required towards undertrial prisoners, who make up around 76% of the total prison population, according to the last Prison Statistics report.

Status of pending cases in the Indian judiciary:

• According to the National Judicial Data Grid (NJDG), there are 93 crore cases pending in subordinate courts, 49 lakhs in High Courts, and 57,987 in the Supreme Court. In the Supreme Court, more than 30% of pending cases are over five years old, while in the Allahabad High Court, 15% of appeals have been pending since the 1980s. 
• A 2009 Law Commission report stated that it would take 464 years to clear the arrears with the current number of judges. Due to delays at both the police and judiciary levels, most cases in India take much longer. In the High Courts, half of the 8 million cases have been pending for more than three years.

Reasons for the backlog:

• Shortage of judges: Around 35% of posts are vacant in subordinate courts, leading to a poor Judges to Population Ratio, as India has only 17 judges per million population. The Law Commission had earlier recommended 50 judges per million.
• Frequent adjournments: Over 50% of cases being heard in courts do not follow the maximum of three adjournments per case, leading to a rising backlog of cases.
  • Low budgetary allocation resulting in poor infrastructure
• Government case burden: The Centre and States account for over 46% of pending cases in Indian courts, according to statistics provided by LIMBS.
• Judges' vacation: The Supreme Court works for an average of 188 days per year, while apex court rules specify a minimum of 225 days of work.
• Inefficient investigation: Due to the lack of modern and scientific tools to collect evidence, the police are often handicapped in conducting effective investigations.
• Increasing literacy: With people becoming more aware of their rights and the State's obligations towards them, they approach courts more frequently in case of any violation.

The Consequences of Delayed Justice

• When justice is delayed, it is essentially denied: A prompt resolution of cases is crucial for upholding the rule of law and ensuring access to justice. A speedy trial is also considered a fundamental right under Article 21 of the Constitution, which protects an individual's right to life and liberty.
• Undermines social development: A weak judiciary can have adverse effects on the progress of society.
• Impacts human rights: Overcrowded prisons, which are often lacking in proper infrastructure and may operate beyond their capacity, can lead to the "violation of human rights."
• Affects the country's economy: The delay in the judicial process costs India approximately 1.5% of its annual GDP.

Steps to be Taken

• Improving infrastructure to ensure quality justice: The Parliamentary Standing Committee on Infrastructure Development and Strengthening of Subordinate Courts has suggested that states allocate appropriate land for constructing court buildings, consider vertical construction due to land scarcity, and establish e-courts through the computerisation of all courts.
• Addressing the issue of vacancies: The Supreme Court and High Courts should appoint experienced and efficient judges as Ad-hoc judges in line with the Constitution. The introduction of the All India Judicial Service could also improve the quality of judges in the subordinate judiciary and reduce the backlog of cases. It is necessary to establish a definite timeline for resolving cases and setting annual targets and action plans for subordinate judiciary and High Courts. It is also essential to regulate adjournments strictly and impose exemplary costs for seeking them on frivolous grounds, especially during the trial stage, and prevent the dilution of time frames specified in the Civil Procedure Code.
  • Utilising technology to monitor cases and provide relevant information to make the justice system more litigant-friendly. There should be an increased emphasis on alternate dispute resolution (ADR), as outlined in the Conference on National Initiative to Reduce Pendency and Delay in the Judicial System.

Conclusion

In order for a judicial system to be effective, it must provide accessible, affordable, and prompt justice. This cannot be achieved unless the delivery of justice is made accessible to individuals within a reasonable timeframe and cost. Hence, implementing ongoing assessments is crucial to strengthen and enhance the justice delivery system in India.