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Report No. 79

Delay and Arrears in High Courts and other Appellate Courts

Chapter 1

Introductory

I. Genesis and Scheme

1.1. Genesis and scheme of discussion.-

According to the terms of reference of the Law Commission, the Commission is expected, inter alia, to keep under review the system of judicial administration, to secure elimination of delay and speedy clearance of arrears in courts. The Commission has already forwarded to Government1 its Report on delay and arrears in trial courts. The present Report deals with delay and arrears in the High Courts and other appellate courts.

We shall deal first with the magnitude of the problem and the efforts so far made to solve it. After stating in brief the various types of jurisdiction exercised by High Courts, we shall proceed to a consideration of proceedings falling within particular species of such jurisdiction-appellate, original, special and so on. Measures for expediting disposal in respect of each type of proceeding will naturally find mention in the Chapter devoted to that particular type of proceeding, but we also propose to make certain suggestions of a general character which would apply to the entire judicial work of High Courts.

1. 77th Report, Delay and Arrears in Trial Courts (December, 1978).



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