Reasons for Backlog of cases
Parthasarathi Loganathan
(Querist) 07 March 2010
This query is : Resolved
I quote a newspaper report published today:
Backlog will take 320 yrs to clear: Judge
TIMES NEWS NETWORK
Hyderabad: It will take the Indian judiciary 320 years to clear the backlog of cases. This staggering admission came on Saturday from someone who knows very well the way courts work — Justice VVS Rao of the Andhra Pradesh High Court.
That’s the time it’ll take to clear 31.28 million cases pending in the various courts, including the High Courts, he reckoned. “If one considers the total pendency of cases in the Indian judicial system, every judge in the country will have an average load of about 2,147 cases,” Justice Rao said in a speech at the AP Administrative Tribunal.
India has 14,576 judges as against the sanctioned strength of 17,641, including 630 HC judges. This works out to a ratio of 10.5 judges per million population, Justice Rao said. The Supreme Court in 2002 had suggested 50 judges per million population, he said.
If the norm of 50 judicial officers per million becomes a reality by 2030 when the country’s population would be 1.5 to 1.7 billion, the number of judges would go up to 1.25 lakh, dealing with 300 million cases. Increasing literacy rate results in more new cases: AP judge
Hyderabad: Justice VVS Rao of the Andhra Pradesh HC has come out with a startling assessment that it will take the courts in India 320 years to clear the backlog of cases. Addressing the AP Administrative Tribunal, he said a recent study indicated that the number of new cases had a direct relationship with increasing literacy rate and awareness.
Citing the example of Kerala, which had high literacy, Justice Rao said 28 new cases per 1,000 population per annum had been added, whereas in Bihar, which had a relatively low literacy rate, the figure stood at just three, he said.
Justice Rao summed up the Indian situation by quoting a para from the journal of International Law and Politics, which said: “The typical life span of a civil litigation in India presents a sad picture. Records of new filings are kept by hand and documents filed in courthouse are frequently misplaced or lost among other papers. Lawyers crowd the court room and wait for their cases to be called. Even when called, the judicial attention is frequently deferred by innumerable adjournments.”
It also said: “There is a little likelihood that the judge (who hears a case) will be the same one to issue a decision because the judges are transferred more quickly than the legal dispositions are made. Judges are so under paid and overworked that they often adjourn and delay the preparation of a case.”
Can the experts join this debate to seek solutions for this burning issue?
Raj Kumar Makkad
(Expert) 07 March 2010
I do agree with you that the backlog of the cases cannot be ended with the present set up of judiciary and it requires special effective mechanism to deal with present situation otherwise instead of Rule of Law, Rule of Monarchy shall prevail within years to come.
O. Mahalakshmi
(Expert) 07 March 2010
It is very sad to hear that 320 years to clear off the pending cases in our country. Why our country is still developing, because our judicial system is very slow. There should be brought drastic changes to speed up case disposal in our country. If I am wrong regret me.
B K Raghavendra Rao
(Expert) 07 March 2010
Mere speeding up disposal is not the solution as the process itself is cumbersome. Even if the speeding up is doubled, then it would take at least 160 years to complete the backlog by which time backlog of equal or double magnitude would have developed.
Stages and steps should be made simpler and combined for clearance in one hearing. It is not as simple as I said. A thorough brain storming sessions are called for. Better, we take up this in a forum and discuss with suggestions from all experts at least to begin with.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
As rightly pointed by Mr. B. K. Raghavendra Rao, mere speeding up of disposal is not the solution. In addition to expediting the disposal of pending cases, an effective mechanism should be provided for Alternate Disputes Resolution for which provision has even been made under section 89 of the Code of Civil Procedure, 1908 vide Amendment Act enforced w.e.f. 01.07.2002. It must be ensured that disputes are resolved before reaching the courts or at least sincere and honest efforts are made to resolve the disputes at pre-litigation stage.
Besides the above, number of Courts are required to be enhanced. The use of recent and modern technologies to the maximum extent can also expedite disposal of pending cases. Training and refresher courses at regular intervals not only for the Judicial Officers but also for practising advocates can help in expediting the disposal of pending cases.
The present unit system for Judicial Officers is also a hurdle in expeditious disposal of cases. Instead of unit system, incentives should be provided to the Judicial Officers on the quantity and quality of the Judgments delivered by them.
