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)