The Hindu Editorial Analysis- 22nd February 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Converting court case backlogs into treasure troves

Why is it News?

• India's judicial system is burdened with a staggering backlog of cases, with almost five crore cases pending in lower courts alone.
• Mediation is emerging as a faster and more cost-effective alternative to alleviate this burden, enhance efficiency, and ensure timely justice.

Backlog in the Legal System

• The legal system in India is grappling with a huge backlog of cases.
• The Supreme Court has 82,000 cases awaiting resolution, High Courts are dealing with over 62 lakh cases, and lower courts are inundated with nearly five crore cases.
• Approximately 50 lakh cases have been pending for over a decade.

Challenges in the System

• While judges in India are diligent and efficient, the vast population contributes to the high volume of cases.
• The ratio of judges to the population is low, with only 21 judges per million citizens.
• The adversarial nature of the legal system leads to multiple interim applications and appeals, extending the duration of cases.
• There are deficiencies in infrastructure, finances, and human resources, making it challenging to implement reforms.

Possible Solutions

• Improving data governance can enhance case classification and prevent repetitive litigation.
• Retired judges could be appointed on an ad hoc basis to assist in clearing pending cases.
• Reforming specific areas of litigation, such as landlord-tenant disputes and cheque bouncing cases, could help reduce unnecessary cases.
• Implementing compensatory or punitive costs could deter frivolous litigation, a practice seen in other countries.
• Reducing the government's involvement in litigation could alleviate the backlog, as it is a party in nearly half of the disputes.

Impact of the Backlog

• The backlog results in prolonged waiting periods, leading to a denial of justice.
• Many cases lose their relevance over time, and some complainants may no longer be alive to see their cases resolved.
• The backlog reflects a failure in the legal system, impacting the credibility of the judiciary.

Mediation as a Solution

• Mediation gained traction in India in 2005 as a court-supported process for dispute resolution.
• It involves a neutral mediator facilitating a fair solution between parties without imposing a decision.
• Mediation is applicable in various disputes, including civil, commercial, matrimonial, and property cases.
• The legal community has embraced mediation, with a growing number of trained mediators available.

How Mediation Can Help Reduce Backlog

• Mediation has the potential to turn the backlog into an opportunity by resolving cases outside the court system.
• Cases can be assigned to trained mediators, alleviating the burden on judges.
• Mediation is generally faster and more cost-effective than litigation, often requiring only a few sessions.
• Unlike litigation, mediation tends to restore relationships and offers a mutually acceptable solution.

Conclusion

• The legal backlog poses a significant challenge, but mediation presents a viable solution.
• By incorporating mediation into the system, courts can reduce delays and enhance the delivery of justice.
• The backlog should be viewed as a resource for mediation, transforming legal challenges into opportunities for resolution.

The U.S. visit, viewed through industry’s business lens

Why in News?

• Prime Minister Modi’s recent visit to the U.S. highlighted the strong relationship between India and the United States, paving the way for enhanced economic cooperation.
• During this visit, significant announcements were made regarding trade, defence, technology, and energy, which are expected to benefit industries in both countries.

Bilateral Trade Agreement (BTA) and Economic Growth

• The first phase of a Bilateral Trade Agreement (BTA) aims to reduce trade barriers and simplify regulatory processes, making it easier for businesses in both countries to trade.
• This agreement is anticipated to attract more U.S. companies to invest in India, thereby strengthening economic ties between the two nations.
• The ambitious goal of achieving $500 billion in trade by 2030 is seen as attainable through specific sectoral targets and streamlined cross-border trade processes.
• Initial steps have been taken to address tariff issues, facilitating India’s exports of labour-intensive goods and agricultural products while allowing imports of industrial goods from the U.S.
• The agreement is expected to significantly benefit sectors such as information technology (IT), pharmaceuticals, garments, and textiles.
• Greenfield investments, including those by Indian firms in the U.S., will be encouraged, promoting business expansion and mutual economic growth.

Technological and Strategic Partnerships

• The U.S.-India TRUST (Transforming the Relationship Utilizing Strategic Technology) initiative aims to deepen the strategic and technological partnership between the two countries.
• TRUST focuses on innovation in critical areas such as defence, artificial intelligence (AI), semiconductors, quantum computing, biotechnology, energy, and space.
• The INDUS Innovation initiative is designed to boost research and development in emerging technologies, fostering collaboration between U.S. and Indian companies.
• India’s growing role in the AI economy is recognised, and the U.S.-India Roadmap on AI Infrastructure is expected to encourage investment in AI-driven industries, including fintech, healthtech, and agritech.

Defence Cooperation and Indigenous Manufacturing

• Collaboration in the defence sector has been strengthened through expanded technology transfers, joint production, and industrial partnerships.
• The launch of a 10-year Framework for the U.S.-India Major Defense Partnership marks a significant shift in defence ties, promoting deeper cooperation between the two nations.
• Agreements for co-production of defence systems are expected to enhance indigenous manufacturing, contribute to skill development, and stimulate economic growth in India.
• India stands to gain significantly from defence agreements, particularly through offset clauses that will support local industries and create job opportunities.

Energy Security and Renewable Goals

• Energy cooperation was a focal point of the discussions, with an emphasis on long-term strategic linkages to diversify India’s energy sources.
• Increasing hydrocarbon production is seen as a means to improve global energy stability and affordability, benefiting both nations.
• India’s Union Budget 2025-26 encourages private sector participation in the development of small modular reactors (SMRs), with potential contributions from U.S. companies in this sector.
• As India works towards its net-zero goals, U.S. natural gas reserves are expected to serve as a reliable energy source, supporting India’s energy transition.

Infrastructure and Digital Connectivity

• The U.S. and India are committed to strengthening the India-Middle East-Europe Economic Corridor (IMEC), enhancing connectivity and economic collaboration across regions.
• Joint infrastructure projects are expected to accelerate developments in railways, highways, smart cities, and industrial zones, contributing to economic growth and improved connectivity within India.
• The undersea cable project connecting India and the U.S. aims to support India’s digital economy and enhance services exports, facilitating faster and more reliable digital connectivity.

Higher Education and Student Mobility

• The two nations have agreed to enhance collaboration in higher education, allowing U.S. institutions to establish campuses in India.
• This initiative aims to provide Indian students with better education opportunities while ensuring smoother legal mobility for studies and employment in both countries.

Conclusion

•  The Indian industry is committed to collaborating with both governments to ensure the effective implementation of the initiatives discussed during the visit and to maintain economic progress. 
•  With sustained reforms and pro-business policies, the potential benefits of this visit can be fully realized, contributing to India’s economic growth and global standing. 
•  This visit is not just a diplomatic achievement but also a roadmap for India’s economic future, fostering innovation and strengthening its position in international partnerships.