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Who is responsible for the pendency in Indian courts?
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Context
The Indian judicial system is facing severe delays, with a large backlog of pending cases. A recent Supreme Court judgment in the case of K Vadivel v K Shanthi & Ors highlights the role of various stakeholders, including the legal profession, in causing and addressing these delays. The case sheds light on the systemic issues contributing to prolonged litigation and the need for urgent reform.
Role of Legal Profession in Delays
- Frivolous and Vexatious Cases: The Supreme Court emphasized that frivolous and meritless cases contribute significantly to judicial delays, urging lawyers not to file baseless cases.
- Exemplary Costs for Misuse: The court suggested that frivolous litigation should attract sanctions, such as exemplary costs, to deter such actions and reduce the burden on the courts.
- Legal Profession’s Responsibility: Lawyers must take responsibility for ensuring that only genuine cases are brought to court, thus preventing unnecessary delays.
Collective Responsibility of Stakeholders
- Judicial Vigilance: Courts should act swiftly to dismiss frivolous cases, ensuring timely disposal of genuine matters. The onus is also on the courts to manage delays effectively.
- Coordination among Stakeholders: The Supreme Court advocates for a coordinated approach among all stakeholders—judges, lawyers, litigants, and corporate entities—to streamline case management and reduce delays.
- Impact of Delays on Economic and Legal Systems: Prolonged litigation, especially in commercial matters, can have significant economic consequences, highlighting the need for a systemic overhaul.
Global Practices and Legal Reforms
- International Mechanisms for Timely Justice: Jurisdictions like the US, Hong Kong, and Singapore have implemented legal mechanisms (e.g., sanctions for vexatious litigation) to ensure timely justice.
- Legislative Measures for Judicial Efficiency: Countries like Ireland have enacted laws (e.g., the Court Proceedings (Delays) Act) to expedite judicial proceedings and reduce delays.
- The Need for Reforms in India: The judgment underscores that India must adopt similar strategies to decongest the judicial system and restore faith in the administration of justice.
Practice Question:
Discuss the role of various stakeholders in judicial delays in India and examine the measures needed to address the issue of case backlogs in the country.
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