AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 245

7. Need for system wide judicial reforms:

From a litigant's point of view, what matters is not just the timely disposal of his/her case at the trial Court level, but at all levels of the judiciary. Therefore, judicial reform targeted at delay reduction is required not only in the trial Court, but throughout the judicial system. In particular,

a. If the number of judges in the trial Courts increases significantly the number of cases being disposed of by the trial Courts will rise sharply. The total number of cases being appealed to the High Courts will also increase. The case load of High Courts will, therefore, increase. If a corresponding increase is not made in the judge strength at the High Court level, the system as a whole is likely to remain backlogged.

Data obtained from the Supreme Court publication Court News shows that High Courts are already backlogged and are not being able to keep pace with new filings. The recent annual data from Court News is for the time period 01.10.2011 to 30.9.2012. In this time period, though 1909543 fresh institutions were made in High Courts, only 1764607 matters were disposed of. The backlog, therefore, increased by 144936. On average, in this time period, High Court judges disposed of 2821.07 cases per judge.

As of 30.9.2012, 4407861 matters were pending before all the High Courts. At the current rate of disposal, High Courts require an additional 56 judges to breakeven and an additional 942 judges to clear the backlog. It is relevant to note here that the sanctioned strength of the High Courts is 895. As on 31.12.2012, 31.4% of these positions were vacant. Therefore, there is already a massive shortage of judges in the High Courts. The increase of judge strength in the Lower Judiciary is likely to further exacerbate the problem.

b. Without adequate infrastructure or support staff, an increase in judge strength will not be effective as a delay reduction strategy. A systemic perspective, encompassing all levels of the judicial hierarchy, is, therefore, needed for meaningful judicial reform.

c. Other approaches like encouraging Alternative Dispute Resolution methods, where appropriate, can divert cases outside the Court system and lead to an overall reduction in pendency in the judicial system42 Therefore, a piecemeal approach to delay reduction should be eschewed in favour of a systemic perspective.

42. The Law Commission is examining this issue separately and intends to come out with a report on Alternative Dispute Resolution Mechanisms.



Arrears and Backing - Creating Additional Judicial (wo)manpower Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys