Justice System: The grueling course of litigation in India

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure; Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions. Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government.)

• India’s judiciary is infamous for its delayed justice, which often discourages people from seeking legal recourse.
• As President Droupadi Murmu highlighted, these delays, termed “black coat syndrome”, lead to fears that litigation may complicate rather than resolve issues.
• Contributing to these delays are ineffective case management, adjournments, and systemic inefficiencies.

Key Factors Contributing to Delays –

1. Ineffective Case Management: The inconsistent enforcement of timelines and lack of clear scheduling practices in district courts lead to significant delays. Initiatives like the Case Flow Management Rules aimed at streamlining scheduling have failed to produce widespread impact due to poor implementation.
2. Performance Evaluation of Judges: The unit’s system for evaluating judges incentivizes the disposal of simple cases over complex ones. Judges prioritize cases that earn them more “points” quickly, which diverts attention from more complex cases that require greater judicial intervention.
3. Lawyers’ Strategic Behavior: They strategically request adjournments, knowing judges are likely to grant them, contributing to an already clogged court system. Unpredictable court schedules further encourage such practices.
4. Use of Stays and Interim Orders: Stays and interim orders are frequently used as delay tactics, especially in civil cases. Litigants who secure a stay order often have little incentive to push for case resolution, contributing to the backlog of unresolved cases.
5. Witness Management: Witnesses often rearrange their personal lives only to have their testimonies deferred due to court adjournments, which discourages timely participation and further prolongs trials.

Proposed Solutions –

1. Reform the Units System: A balanced approach where judges are rewarded for resolving both simple and complex cases will prevent the neglect of cases requiring substantial judicial effort. This would incentivize judges to focus on case quality rather than just quantity.
2. Predictable Scheduling for Lawyers: Implementing predictable court schedules using technology would help lawyers plan their cases better and reduce unnecessary adjournments. Technological tools can provide real-time updates and hearing schedules to ensure better time management across cases.
3. Penalties for Unnecessary Delays: Introducing penalties for adjournments and delays, coupled with rewards for lawyers adhering to schedules, would discourage unnecessary extensions and improve court efficiency.
4. Regular Review of Stay Orders: Making stays and interim orders temporary and subject to regular review will prevent them from being used as a tactic to indefinitely stall cases.
5. Use of Technology for Case Management: Data-driven case management systems can track timelines, identify bottlenecks, and improve the efficiency of case scheduling.

India’s judicial delays demand holistic reforms that focus on improving case management, reforming the unit system, and using technology to enhance scheduling. By focusing on the human element in judicial delays—judges, lawyers, and litigants—these reforms can help alleviate the backlog and ensure timely justice.