Indian judiciary is in dire need of reforms due to the glaring number of pendent cases. How do you think this can be checked effectively? The Indian courts are known for high case pendency. This has also had a deleterious effect on the economy and growth.
Published: June 26, 2019
The Indian courts are known for high case pendency. This has also had a deleterious effect on the economy and growth.
ï¿½ Indiaï¿½s subordinate courts which are the first point-of-call for a majority of cases more than one-third
of the 31 million cases have been pending for over 3 years. The ratio in High Court is even worse with over half of the 8 million cases pending for over 3 years.
ï¿½ It was reflected in the 2017 Economic Survey of India that the slow resolution of economic and commercial cases in the country have been the biggest roadblocks in reviving the investment cycle. It had stated that the next milestone to be achieved in the ease of doing business will be plugging in the delays and backlogs in both the appellate and judicial aspects.
ï¿½ The delays have come in the way of dispute resolution, contract enforcement, stopping of projects, discouraging investment, affecting tax collections, etc.
ï¿½ There is an urgent need of a horizontal Cooperative Separation of Powers. This should be complementary to the Cooperative Federalism which is there between the government at the Centre and the state governments.
ï¿½ The problem is stemmed from the volume of cases which every court faces and the resources at the disposal of the court. Indian courts are challenged on both these aspects. Many scholars have also linked the rise in number of cases to the rapid development in the country as more developed societies have informed citizens who are aware of their rights who turn to courts without hesitation in case of violation. However, there is an increase in number of writ petitions in the country which has also led to this state of affairs.