Judiciary Reform in India: Addressing the Pendency Crisis

Context:
India’s judiciary is facing a severe pendency crisis, with over 45 million cases pending in the court system, particularly in subordinate courts. These delays undermine the efficiency of the judicial system and hinder access to justice.

Issues in the Indian Judicial System

1. Case Pendency and Adjournments:
   • More than 85% of pending cases are in subordinate courts.
   • Around 50% of listed cases face daily adjournments, contributing to prolonged litigation.
2. Administrative Burden on Judges:
   • Judges are overwhelmed by administrative duties, spending approximately 55% of their time on non-judicial tasks, primarily due to a lack of skilled support staff.
3. Workforce Shortages:
   • India faces a 21% shortage of judicial officers and a 27% shortage of non-judicial staff.
   • In some states, vacancies can be as high as 50%, worsening delays in case resolutions.
4. Infrastructure Deficiencies:
   • There is a significant shortage of courtrooms and outdated technology, limiting the effectiveness of court operations.
   • Limited use of video conferencing for hearings further hampers efficiency.
5. Outdated Laws:
   • The Criminal Procedure Code (CrPC) of 1973 and the Civil Procedure Code (CPC) of 1908 contribute to frequent adjournments and delays in trials.
6. Gender Disparity and Undertrial Population:
   • Only 11 women judges have served in the Supreme Court, reflecting a significant gender gap in the judiciary.
   • In 2020, 76% of prison inmates were undertrials, highlighting the justice delays that disproportionately affect vulnerable groups.

Impact on Justice Delivery

1. Delayed Justice:
   Prolonged litigation and backlog of cases erode public trust in the judicial system.
2. Economic Burden:
   The delay in legal proceedings discourages business activities, impacting the economy.
3. Financial Stress:
   Extended proceedings increase litigation costs, imposing a financial burden on litigants.
4. Erosion of Trust:
   Inefficiency and inaccessibility cause citizens to lose faith in the judicial system.

Steps Taken for Effective Judicial Service Delivery

1. National Mission for Justice Delivery (2011):
   • Aimed at enhancing access to justice and improving accountability in the judicial system.
2. Virtual Courts & e-Sewa Kendras:
   • Facilitate remote legal processes and provide digital access to justice services.
3. National Judicial Data Grid:
   • Monitors the status of cases and tracks the pendency across courts, promoting transparency.
4. Alternative Dispute Resolution (ADR):
   • Platforms like Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution (ODR) provide faster, more cost-effective resolutions to cases.
5. Fast-Track Courts:
   • Special courts for women, children, and senior citizens expedite justice for vulnerable groups.
6. Judicial Appointments:
   • Between 2014 and 2022, 769 High Court judges were appointed to address the shortage of judicial officers.
7. Gram Nyayalaya Portals:
   • Implemented for improved data management and transparency in rural justice delivery.

Recommendations for Enhancing Judicial Efficiency

1. Promote All India Judicial Services (AIJS):
   • Establish a unified recruitment system to ensure a consistent standard of judicial appointments across the country.
2. Expedite Judicial Recruitment:
   • Speed up the recruitment process and provide skill-specific training programs to meet the growing demands of the judiciary.
3. Delegate Non-Judicial Tasks:
   • Assign non-judicial tasks to skilled managers under high court supervision, freeing judges to focus on their core responsibilities.
4. Introduce Performance-Based Incentives:
   • Provide incentives for judges and administrative staff based on their performance, improving motivation and productivity.
5. Infrastructure Modernization:
   • Invest in digital tools, IT infrastructure, and additional courtrooms to support judicial functions.
   • Establish public dashboards to track case progress, increasing transparency and public trust.
6. Expand Technology Integration:
   • Implement e-filing, digitization, and AI-based tools for more efficient case tracking.
   • Use video conferencing for routine court procedures, reducing delays.
7. Ensure 50% Representation of Women:
   • Work towards achieving gender parity in the judiciary to improve inclusivity and decision-making quality.
8. Coordinated Implementation:
   • Collaboration among state law secretaries, high court registrars, and district judges to onboard skilled administrative personnel.
9. Procedural Simplification:
   • Revise outdated procedural laws to reduce adjournments and delays.
   • Expand ADR mechanisms to encourage out-of-court settlements.
10. Utilize External Expertise:
    • Involve retired professionals from sectors like railways and postal services to assist in court administration, leveraging their experience and skills.

Advantages of External Expertise in Judiciary

1. Enhanced Efficiency:
   Retired professionals can handle administrative tasks, allowing judicial officers to focus on adjudicating cases.
2. Cost-Effectiveness:
   Retired personnel are often paid adjusted salaries against their pensions, which reduces costs for the judiciary.
3. Improved Productivity:
   Skilled administrative support can expedite case resolution, improving overall productivity in courts.