JUDICIAL DELAYS
"JUDICIAL DELAYS and case pendency continue to undermine access to timely justice in India." In this context, examine the impact of court vacations on judicial efficiency. Suggest measures to ensure speedy and continuous justice delivery. (250 Words, 15 Marks)
Model Answer
Introduction
- Article 21 of the Constitution guarantees the Right to Life and Personal Liberty, which includes the Right to Speedy Justice.
- However, over 5.39 crore pending cases and the practice of simultaneous court vacations have raised concerns about judicial efficiency.
Impact of Court Vacations on Judicial Efficiency
- Increases case pendency as regular hearings are suspended.
- Delays justice for millions of litigants.
- Undertrial prisoners remain in jail for longer periods despite being presumed innocent.
- Creates public dissatisfaction with the justice delivery system.
- Affects economic activities, especially commercial dispute resolution.
- Weakens the principle of timely access to justice.
Other Reasons for Judicial Backlog
- Vacant judicial posts, especially in High Courts.
- Frequent adjournments.
- Inadequate judicial infrastructure.
- Low judge-to-population ratio.
- Increasing number of litigations.
Measures to Improve Judicial Efficiency
- Stagger court vacations instead of closing all courts simultaneously.
- Fill judicial vacancies on priority.
- Strengthen Lok Adalats, Mediation, and Arbitration for Alternative Dispute Resolution (ADR).
- Effectively implement the Mediation Act, 2023.
- Increase court digitization through eCourts and virtual hearings.
- Utilize retired judges for backlog reduction.
- Improve court infrastructure and judicial manpower.
Conclusion
- Judicial reforms should balance the well-being of judges with the constitutional right to speedy justice.
- Continuous court functioning, along with ADR mechanisms, technology adoption, and timely appointments, can significantly reduce pendency and strengthen the rule of law in India.