The Third Pillar

 While everyone was celebrating the landmark judgement of Ayodhya Ram mandir, one of my friend asked me: 

"Yes , I know, we have won. Bt wasn’t the battle really against the cumbersome & Delayed Judicial process which we have given up on!

 It took so many yrs for the god of the land to get ‘justified verdict'. Then what should a commoner expect ?"


His every words hit me . Cause he was speaking the reality. 

In India where judiciary is the third pillar of the democracy and is the protector of our rights, has to go through such a long duration to get a commoner his/her part of justice.


According to the National Judicial Data Grid (NJDG), around 23 lakh cases, which are over a decade old, are pending in various subordinate courts of the country. 

Here I am attaching data of the pending cases:

[Source: NATIONAL JUDICIAL DATA GRID (NJDG)]



Supreme court




So, What are the main reasons for such pendency?


The two important aspects that are plaguing the judiciary are:


1. Filling of the vacancies


2. Inadequate number of judges


3. Less working hours:

Average court does not work more than five to six hours, which includes the lunch hour. The question is why cannot court work for eight hours a day?


4 . Another important reason for such a high pendency is the practice of seeking adjournments.

Usually the lower courts, at the drop of the hat, seek adjournment ad infinitum.


5 . Another important reason is litigation. The cost of litigation is very low in India. There have been cases where people moved the court for salary dispute of as low as rupees 20.



6. There is also lack of cordial functioning between the Bench and the Bar. Constant tussle leads wastage of court time.



Way Forward:


1. First and foremost effort must be doubled up to fill the pending vacancies in the lower courts.

Increase the number of strength of judges at subordinate courts.


2. In order to attract the best of mind and maintain the quality of judges, the remuneration ought to be increased.


3. Most of the cases which are civil in nature can be tackled by mediation, arbitration, conciliation, and Lok Adalats.


4. Every judge should have a minimum of two member research team to aid her/him.


5. We cant say the cost of litigation should be increased as it should be injustice for the poor. But we need to have good reforms to watch the cases and its urgency .


Its not that things are not moving. It is. But the momentum needs to be increased. Our respected CJI is undoubtedly doing much to tackle this issue. Situation has been improved a bit. But we need to push ourselves a little more. 


Cause it is well said: 

"Justice delayed is justice denied".






 



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