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Converting court case backlogs into treasure troves
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Context
The Indian judicial system faces an enormous backlog of cases, with over 82,000 cases pending in the Supreme Court, more than 62 lakh in the High Courts, and close to five crore in lower courts. This backlog has become a significant issue for the Chief Justice of India and the higher judiciary. The backlog, compounded by factors like the adversarial system, shortage of judges, and inadequate infrastructure, has led to the consideration of alternative dispute resolution methods, particularly mediation, to alleviate the situation.
The Adversarial System and Infrastructure Challenges
- Adversarial System’s Impact: The adversarial nature of India’s judicial system causes delays due to multiple interim applications and appeals in nearly every case.
- Low Judge-to-Population Ratio: India’s judge-to-population ratio is one of the lowest in the world, with only 21 judges per million citizens, contributing significantly to the backlog.
- Infrastructure Shortages: There are severe shortages in judicial infrastructure, including human resources, finances, and physical courtrooms, making it difficult to efficiently handle the caseload.
Case Pendency and Adjourning Culture
- Huge Case Backlog: With over 62,000 cases pending in High Courts for over 30 years, long case pendency is a sign of denial of justice.
- Adjournment Culture: Frequent adjournments in cases add to the delay, and eliminating this culture is seen as a key step to reducing case pendency.
- Need for Government Reform: The government, being a party in many disputes, must reduce its involvement in litigation and embrace settlement options to expedite the judicial process.
The Rise of Mediation as a Solution
- Growth of Mediation: Mediation, a method of resolving disputes with the help of a neutral third party, began in India in the 1990s and has gained popularity since 2005, showing positive results.
- Effectiveness and Adoption: Mediation has been effective in handling civil, commercial, personal, and matrimonial disputes and has been increasingly adopted by the Bar and judiciary.
- Potential for Systematic Implementation: To reduce the backlog, more cases should be referred to mediators, leveraging their expertise to resolve disputes quickly, without the need for lengthy litigation.
Practice Question:
Q. Discuss the role of mediation as an alternative dispute resolution mechanism in the context of the judicial backlog in India. What steps can be taken to ensure its wider adoption?
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