Pendency of Cases in Judiciary

Why in news?

The Chief Justice of India (CJI) has recently remarked that the judiciary was burdened with about 3 crore pending cases.

What are the observations made?

Of the 3 crore pending cases, 81 lakh cases were just an year old and 50 lakh were petty cases such as the MV (Motor Vehicles) Act violation.
About 25 lakh cases had been pending for more than 10 years.
Besides, of the 392 vacancies in the High Courts, the High Courts were yet to send their recommendations for 270 posts.
There were around 5,000 judicial vacancies in district courts, of which at least 75% would be filled up before 2019.
Subordinate courts had around 5,000 vacancies, which are about one-fourth of the total sanctioned strength.
The dispensation of justice and morality go together; pendency and lack of judges made the justice dispensation system vulnerable.

Is vacancy the only reason?

Vacancy in the judiciary is not the only reason for pendency in courts and tribunals.
On average, the vacancy ratio is about 25% to 33%, on filling of which the disposal of cases is expected to increase by the same percentage.
But even then, it may not make a big difference to the present rate of disposal of cases.
So the disposal rate must increase and other improvements must happen to lower pendency.

What are the other shortfalls and the ways out?

Adjournments are the foremost reason for the very slow disposal of cases.
There must be a positive approach to finish cases without giving adjournments to lawyers for unsubstantiated reasons.
The High Courts can give directions in a general manner to lower courts to minimise adjournments.
Filing of too many court cases, mainly for the desire of lawyers to create litigation is another issue.
Cases are also being filed to hamper the government from taking straight action or to prevent legal action.
So the courts should not admit cases without proper reason.
Disposal of cases will increase if the cases are bundled issue wise.
Another way to improve disposal is to make courts on specific subjects as fiscal courts, administrative courts, etc.
Also, the old cases could be given to one or two judges so that they dispose them of, having no other option.

Source: The Hindu, Business Standard