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The gruelling course of litigation in India
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Context
President Droupadi Murmu addressed court delays at the National Conference of the District Judiciary, coining the term "black coat syndrome" to describe public reluctance to engage in litigation due to perceived complications and inefficiencies in the judicial process.
Judicial System Pressures
- Case Management Issues: Delays are exacerbated by inconsistent implementation of Case Flow Management Rules. Judges face systemic pressures that force them to prioritize cases based on arbitrary deadlines set by higher courts.
- Resource Allocation: Higher court directives often disrupt district court scheduling, requiring disproportionate resource allocation to expedite certain cases. This misalignment leads to cascading delays in the overall court system.
- Performance Evaluation Concerns: Judges are incentivized to focus on simpler cases to accumulate performance "units," neglecting more complex cases. This skewed focus contributes to prolonged delays for cases requiring substantial judicial attention.
Lawyer and Litigant Dynamics
- Lawyers' Strategic Choices: Lawyers often handle multiple cases, making strategic decisions that lead to adjournments based on perceived court dynamics. This unpredictability complicates effective case management.
- Impact of Stay Orders: Litigants often view obtaining stay orders as a victory, reducing their motivation to expedite proceedings. This contributes to the growing backlog of pending cases.
- Witness Challenges: Unpredictable court schedules frustrate witnesses, who may need to disrupt their lives without knowing when they must testify. This unpredictability discourages participation and delays trials.
Need for Reform
- Holistic Approach Required: A comprehensive strategy is needed that goes beyond rules and focuses on incentivizing all judicial actors. This includes evaluating judges on managing complex cases rather than merely the number of cases disposed of.
- Technology Integration: Adopting technological solutions can improve case management by providing real-time updates and monitoring timelines. Data-driven approaches can identify scheduling bottlenecks to enhance efficiency.
- Encouraging Timely Resolutions: Courts should implement predictable scheduling and introduce penalties for delays while rewarding adherence to schedules. This encourages a culture of accountability and efficiency among legal practitioners.
Practice Question
Q. Discuss the systemic challenges in the Indian judicial system that contribute to court delays. Suggest holistic reforms to improve case management and enhance the efficiency of the judiciary.
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