OUT OF COURT

The "pendency problem" — or the unacceptably large backlog of cases in our court system — has become something of a mantra. Judges, politicians and legal administrators repeatedly cite this as the number one problem plaguing our justice delivery system. Less frequently recounted are concrete proposals that address this pendency problem. For instance, the need to reduce mindless government litigation has been often voiced, not least by Law Minister Veerappa Moily himself. But such statements of intent have not been accompanied, as yet, by any action plan. It is in this context that the Delhi high court's brick-and-mortar solution to backlogs — arbitration facilities in court premises — is so noteworthy.

 

The state-of-the-art arbitration facility will be headed by four judges and a governing panel, with arbitrators drawn from retired judges, lawyers and chartered accountants. The procedure in these arbitration courts will be far quicker, and will significantly reduce the burden on the courts. For world over, arbitration proceedings have helped solve disputes that would have otherwise stretched for years. They also hasten out-of-court settlements by warring parties who might otherwise use the judicial process as a negotiating tactic. By permitting retired judges and lawyers as arbitrators, the courts will also ease the acute personnel shortage they are facing.

 

The proposal is the brainchild of Delhi HC Chief Justice A.P. Shah, who presided over the court's landmark decision to decriminalise homosexuality. His latest reform is as bold, as far reaching. With our courts bursting at the seams, something has to give. So far, it has been delays stretching onto decades, causing many to argue that in India, the process is the punishment.

 

Reforming this involves a host of changes, such as increasing budgets for courts, limiting adjournments, reducing ill-thought-out appeals by government officials, using information technology, and alternative mechanisms such as arbitration. Some of these must be instituted by the law ministry, others by the judiciary itself. The Delhi high court's model idea not only reduces its own burden, it also sends a message to other courts to follow suit.