Backlog Cases In Indian Judiciary- Cause and Solution
The backlog in Indian Judiciary is also a backlog, I think. It is indeed a long-standing problem that has not been addressed properly yet despite uncountable efforts. Some of the reasons, which I believe to be this situation of Indian Judiciary are as follows.
Shortage of Judges: India is among the countries having the lowest number of judges. As per the Indian Justice report of 2022, India has only 21.03 judges per million whereas the Law Commission reports say that India should have at least 50 judges per million. Shortage of judges leads to backlogs of cases as judges are unable to dispose the cases in a timely manner.
Delayed Appointments: Delayed appointment of judges due to the various political and bureaucratic interferences also contributes to the backlog of cases. Since judges are not appointed on time, litigants have to wait for a long period for their cases to be heard before a Court.
Pendency of Appeals: A Large number of cases, including even the trivial matters having less success rate are also filed, which results the increase in number of cases and ultimately the backlog.
Outdated Procedure: The same outdated Procedure since the time immemorial, that is of long arguments, adjournments and the outdated documentation practices adds to the backlog of cases.
Poor Infrastructure:The judiciary today is suffering from lack of infrastructure such as court rooms, supporting staff, paralegal members and technological advancements, which adds to the backlog of cases.
However, there are some solutions which can be applied to improve the condition of the Judiciary, such as,
The Government should focus on faster appointment of judges to meet the shortage of judges, from lower to higher judiciary.
Further, Fastrack courts should be set up all over the country which can dispose certain type of cases such as sexual offences against women, children, thereby reducing the burden of Courts.
In addition, use of technology such as e-filing, video conferencing, virtual hearings and the application of AI can help reducing the backlog cases.
Also, reforms in the procedural laws to remove the outdated Procedure and ensure the timely disposal of cases can also reduce the backlog cases.
Last, but not the least, the Judiciary should also focus on administrative reforms such to improve infrastructure and increase the efficiency of court processes by using the court resources.
In conclusion, it can be said that backlog in the Indian Judiciary is a complex problem and needs a multi-directional approach to resolve the issue. The solution mentioned above, if implemented in a timely and effective manner, can help reducing the backlog and improving the efficiency of the Indian Judiciary.
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