Review of Literature:
Review of Literature:
are more than 30 million cases pending in different high courts and lower courts crosswise over India.
Former Chief Justice of India, Justice A.S Anand
Indian Journal of Forensic Medicine Toxicology, April-June 2018, Vol. 12, No. 2 62
in his article entitled Indian Judiciary Challenges of
M Veerappa Moily, the former Law Minister of
21st century observed that “The consumers of justice
India said, “the government intends to ensure that
want unpolluted, expeditious and inexpensive justice. In
receiving justice is the right of each and every individual,
its absence, instead of taking recourse to law, he may
irrespective of his or her caste, colour, creed, social
be tempted to take law in his own hands. This is what
and financial status. While the Constitution does have
the judicial system must guard against so that people do
certain provisions regarding need for speedy justice,
not take recourse to extra judicial methods to settle their
there is no specific provision confirming justice as either
own scores and seek redress of their grievances.”
a fundamental right or constitutional right.”
The 14 th Law Commission of India Report observed
The 127 th Law Commission India report 3 also
“even though the significance of speedy disposal of
pointed out that the expression “access to justice had
cases was known as premature as in the year 1958 by
different connotations. The road blocks in the access
the in India, neither the Constitution of India nor any
to justice could be high cost, geographical distance,
prevailing laws or statutes expressly bestow the right to
and adverse cost benefit ratio and the inordinate delay
speedy trial on the culprit.”
in search of illusory justice. The State was responsible for removing all road blocks in the access to justice.
In Ansuyaben Kantilal Bhatt v. Rashiklal Manilal
Accordingly, the State should ensure that the system is
Shah , the Supreme Court observed how delay is
equally accessible to all and should lead to the results
defeating the basis of justice. “In this case, the landlord,
that were individually and socially just”.
aged about 54 years, required to evict his tenant on the ground of his personal need to carry on his own business.
A Speech delivered at China by the authorities of
When the matter as a final point placed before the
the Indian Judiciary that “Delay in the context of justice
Supreme Court after 33 years, in view of the prolonged
denotes the time consumed in the disposal of case, in
litigation bonafide requirement may not subsist at that
excess of the time within which a case can be reasonably
time. The landlord, at the age of about 87 years, was not
expected to be decided by the Court. In an adjudicatory
made-up to start a new business. This is the reason of
system, whether inquisitorial or adversarial, an expected
the ubiquity of the remark that Justice delayed is justice
life span of a case is an inherent part of the system. No
denied.”
one expects a case to be decided overnight. However, difficulty arises when the actual time taken for disposal
According to former Chief Justice of India, Justice
of the case far exceeds its expected life span and that is
B. P. Singh, “The situation today is so grim that if a poor
when we say there is delay in dispensation of justice. A
is able to reach up to the stage of a High Court, it should
scanning of the figures would show that despite efforts
be considered as an achievement.”
being made at various levels and substantial increase in
In the National Seminar “Enhancing judicial
the output being given by the system, the gap between
capability” being organized by Odisha Judicial Academy
the expected and actual life span of the cases is only
in February 2015 Justice Amitav Roy, Supreme
widening.” 4
Court of India said “At present, our judicial system is
Chief Justice Burger 5 (1970) in his article also
dependent on combination of manual processes and
pointed out that “ A sense of confidence in the courts is
ageing computers. The need is better, quicker and
essential to maintain the fabric of ordered liberty for a
cheaper ways of creating and filling of documents to
free people and three things could destroy that confidence
ensure speedy justice.” Justice Dipak Misra of Supreme
and do incalculable damage to society: that people come
Court of India, who was present in the seminar and said
to believe that inefficiency and delay will drain even a
“if cases are decided using proper tools, techniques and
just judgment of its value; that people who have long
attitude then they will help in ensuring quick justice to
been exploited in the smaller transactions of daily life
people. The verdicts of some trial courts are written in
come to believe that courts cannot vindicate their legal
so confusing manner that we fail to make out what they
rights from fraud and over-reaching; that people come
intend to convey. If the orders are written properly, then
to believe the law - in the larger sense cannot fulfil its
we would take less time in understanding and disposing
primary function to protect them and their families in
them.”
their homes, at their work, and on the public streets.”
63 Indian Journal of Forensic Medicine Toxicology, April-June 2018, Vol. 12, No. 2
The Constitutional Mandate for Timely Justice
cases are increasing due to more numbers of litigants which resulted in more backlogs of cases and makes
The mandate of the constitution of India for the
justice less accessible.
timely dispensation of justice is irrefutable. Justice, including the timely dispensation of justice, is an
Vacancies in the Courts:
established and basic fundamental right of the subjects of India, that is intended to be ensured by the government
The approved number of Judiciary is inadequate
under Articles 14, 19, 21, 32, 226, and the Preamble
to deal with the heavy backlog of cases all over India.
of the Indian Constitution. Dispensation of justice in
Adding to this there are vacancies even in that number
time is likewise a sacred commitment of the Indian
of judges in all the courts. There are total 31 numbers
State in light of the Directive Principles of State Policy
of approved strength out of which 28 numbers of
verbalized in Articles 38(1), 39 and 39A of the Indian
judicial members are working and 03 no of vacancies
Constitution and by virtue of India’s worldwide lawful
in Supreme Court of India and in all High Courts total
number of vacancies is 447. commitments to ensure convenient justice conveyance. 8 The Preamble of the Indian Constitution also enables
Role of Judiciary:
the state to secure social, financial and political justice to every one of its subjects.
Former Chief Justice of India Hon’ble A.S Anand said, “Lack of punctuality, laxity and lack of control over
Statement of the problem:
case-files and court-proceedings, attending social and
In Indian Judiciary backlog of cases and delays in
other functions during working hours contribute in no
justice delivery has been one of the primary prosecution
small measure in causing delays in the disposal of cases.
against the judiciary. The institution of cases is
Some judges are very liberal in granting adjournments.
expanding step by step as an after effect of which the
Some judges come to courts without reading case-files,
rate off disposal diminishes. The gap between institution
therefore, the lawyers have to spend a lot of time just to
and disposal of cases is too long and as a result of which
explain the facts of the case and legal point (s) involved
billions of cases are pending in the courts. This study
therein.” 9
will look to find out why the Judiciary can’t battle this
Observations of Committees over the Years
substantial backlog of cases. Specifically the delay in disposal of cases has brought about an immense case
Different advisory groups have been set up and an
excess in this way affirming the renowned maxim
assortment of endeavours has been made in such manner.
“justice delayed is justice denied.” There are aggregate
Be that as it may, no outcome has come in diminishing
of 24191217 numbers of cases out of which 7774424
the backlog and significantly accelerating the Judicial
numbers of civil cases and 16416793 numbers of
Procedure. The primary panel to look at the issues of
criminal cases are pending across all the high courts
delay was set up in the year 1924 under chairmanship
in India (as on April 2017) 6 . In the Supreme Court of
of Justice Rankin. After then, various committees have
India there are total 61344 numbers of cases both civil
put forward suggestions yet slight development has
and criminal cases are pending (as on March 2017) 7 .
been made on the execution front. These comprise of
Among them Uttar Pradesh High Court having the most
the ‘Justice S.R. Das High Court Arrears Committee in
elevated number of excess of cases. Subsequently this
the year 1949’, the ‘Trevor Harris Committee in West
issue all things considered overabundance in India are
Bengal in the year 1949’, the ‘Wanchoo Committee
not diminishing but rather expanding from day by day.
in Uttar Pradesh in the year 1950’, the ‘Justice J.C.
From the above discourse, it is affirmed that there is
Shah Committee in the year 1972’,the ‘Satish Chandra
an issue on the management of backlog of cases that is
Committee in the year 1986’ and the first ‘Mallimath
pending in the Judiciary subsequently the need of this
Committee in the year 1990’. Besides, the Law
study emerges.
Commission of India has brought up this question in a few reports since 1955: in the 14 th , 79 th , 80 th , 120 th , 121 st
More filling of cases than Disposal:
and 124 th reports. Alternate reports on this issue, for
Institution of cases has increased and disposal of st example, 221 , 222 nd and specifically the 229 th managed cases has decreased. In different courts the filling of
issues of delay, pendency and arrears.
Indian Journal of Forensic Medicine Toxicology, April-June 2018, Vol. 12, No. 2 64
Strict and Prolonged Procedural Formalities:
Ethical Clearance: Not required, as the research article is based on social aspects and data extracted
Courts in India have faced a great deal of implication
from the Government of India Website and doctrinally
on the submission of defined procedures which is strict
undertaken.
and prolonged. The procedures prescribed by law are habitually awkward and not conducive. The formal
Source of Funding : Self
procedure in civil and criminal cases consumes a lot
Conflict of Interest : Nil
of time. Delay could take place because an exact stage of procedure itself takes too much time. To get justice
REFERENCES
from the courts one has to go through the expensive and complex procedures involved in litigation.
1 Hussainara Khatoon Ors v. Home Secretary, State Of Bihar. AIR SC. 1979. p. 1369.
Problem of Delays and Arrears: Analysis of
2 Ansuyaben Kantilal Bhatt v. Rashiklal Manilal
Various Reports:
Shah. SCC. 1997. p. 457
A research work on any subject requires exhaustive
3 Law Commission of India. Resource Allocation For
study of the existing literature on the subject. The
Infrastructural Services in Judicial Administration.
problem of delay in judicial proceeding is receiving
Government of India; 1988 p. 7-8.
attention of various High power committees for last
4 Balakrishnan J. “DELAY IN DISPOSAL OF
more than 70 years. The reports submitted by the
CASES”. Speech presented at; 2007; China.
various committees deal with vast areas and also gives valuable suggestions, some of which have been already
5 Burger CJ. The State of the Judiciary—1970.
implemented while amending the laws subsequently.
American Bar Association Journal. 1970 Oct 1:929-
CONCLUSION
6 NJDG | National Judicial Data Grid [Internet].
Justice can be rendered by speedy disposal of cases
164.100.78.168. 2017 [cited 25 April 2017].
which is a milestone to achieve. The main tool for seedy
Available from: http:164.100.78.168njdg_public
justice and speedy trial is embodied under article 21 of
main.php
the Indian constitution. Although steps have been taken
7 Supreme Court of India - MONTHLY PENDING
to combat with the huge pendency of cases, however it
CASES [Internet]. Supremecourtofindia.nic.in.
is not adequate. A drastic transformation is required in
2017 [cited 25 April 2017]. Available from: http:
the various processes of justice delivery mechanism to
www.supremecourtofindia.nic.inpendingstat.htm
deal with the backlog of cases and its speedy disposal.
8 Vacancy Positions | Department of Justice | Ministry
Aside from making the working of the legal reinforce,
of Law Justice | GoI [Internet]. Doj.gov.in. 2017
there is dire need to give the current framework of
[cited 22 April 2017]. Available from: http:doj.
courts by methods for Alternative Dispute Resolution
gov.inappointment-of-judgesvacancy-positions
forms and other redressal instruments. This attempt has
9 Anand AS. Indian Judiciary and Challenges
been made everywhere throughout the world to make a
of 21 century. The Indian Journal of Public
move against backlog of cases and have demonstrated
Administration. 1999 Jul-Sept.
achievement in accomplishing it.
DOI Number: 10.59580973-9130.2018.00075.0