All CJIs, past and present, have  been  regularly expressing  concerns about massive judicial backlog due to non-availibility of judges. Out of total pendency of  3 crores cases , 2.7 crores  are reportedly pending in subordinate courts; 40 lakh in 24 High Courts; 40,000 or so  in Supreme Court? The situation is going  from bad to worse  due to non-functioning courts during  Covid-19  pendemic.

Delivery of timely judicial verdicts is  part of  Fundamental Right to Justice. The Indian society has grown highly litigious. Appeals are filed on frivolous grounds in the hope of getting favourable judgments. The courts must curb such tendencies. Justice M C Chagla in his autobiography (Roses in December) dealt with solutions to the problem. A must read for judges and lawyers.

The PILs are filed not to help the poor. The ulterior motive is to benefit the political heavy weights, top corporate houses , builders mafia etc. The lawyers charge hefty fees, getting free publicity with the help of  electronic media.

Following steps are suggested for consideration of  M/Law &Justice and the Judiciary :--

(a) Union of India as the largest litigant, must exercise restraints in filing appeals in High courts. Out-of-court  settlements must be encouraged.

(b) Strengthen judicial infrastructure; Use information technology; Taking help of  artificial intelligence could do wonders.

(c)Courts must club cases of same nature and treat them at par;

(d) Promote Gram-Nyayaalay with effective regulation through delegation of powers ;

(e) Conducting  Lok Adalats more frequently ;

(f)Fast- track administration of  justice to seekers of sexually assaulted victims, SC, ST and the minorities;

(g) Practising judicial activism by junior judges should be the new normal. Make judges accountable to deliver time-bound , well-reasoned judgements. Reasons for giving frequent adjournments must be probed by committees  set up by different High courts. The defaulters  must be reprimanded, wherever considered necessary. The SC may lay down guidelines;

(h)  Social issues should not be mixed with legal issues. The job of  judiciary is to interpret the law and deliver judgements and leave the job of creating laws to Law makers, the Legislatures;

(i) The Min of Law &Justice should consider appointing retired judicial officers as ad hoc judges by invoking Art 224 (A) of the Constitution of India ;

(j) Judiciary must review lists of pendencies and delete cases that have become in-fructuous and time-barred;

(k)The centre must fast track constitution of All India Judicial Services to fill vacancies in Subordinate  judiciary.

Let  PM Modi adopt it as country's  New Year’s  resolution.

A K Saxena (A former civil servant)



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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.

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