Report No. 221

Need for Speedy Justice - Some Suggestions

I. Introduction

1.1 Mounting of arrears of cases in courts, particularly in High Courts and District Courts, has been a cause of great concern for litigants as well as for the State. It is a fundamental right of every citizen to get speedy justice and speedy trial which also is the fundamental requirement of good judicial administration. In this Report, we have made few proposals which when given effect to, will be helpful not only in providing speedy justice but also in controlling frivolous, vexatious and luxurious litigations.

1.2 In the courts, arrears are mounting by leaps and bounds and there is no respite in sight. This is particularly because institution of cases is much more than their disposal at all the levels of judicial administration. The fundamental requirement of good judicial administration is speedy justice. Quite often, frivolous, vexatious and luxurious litigations also come up and add to the mounting arrears. Such type of litigation has to be controlled, rather stopped. Efforts should be made to decide cases, particularly miscellaneous matters (excluding the matters, which require evidence of witnesses), at the admission stage after affording opportunity to the concerned parties.

1.3 The present Report is in the continuum of the Law Commission's various earlier reports recommending legal changes for speedy justice.