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“Justice delayed is justice denied”, however delay of justice does not only lead denial of justice it can also lead to the concept of Rule of Law being destroyed. However, the supreme judges are considering this issue. Justice hurried is also considered to be justice buried the Supreme Court should take adequate time and not delay in such a way that the cases in the court wait for years and years.

There are crores and crores of cases pending in all the courts and many cases are still pending since last 10 years. Every year round about five crore cases are filed in the all the court of India and out 50% cases are still pending.

One of the main reasons for the people to approach the court for every possible matter is the awareness created amongst the people about their rights and this has given courage to the common person to approach the court for justice.

REASONS ARE AS FOLLOWS:

  • LACK OF EFFECIENY

There are very few courts in our country for 133.92cr and counting population in the country. There is a lack of resources there with Supreme Court that leads to inefficiency of the functioning of the Supreme Court and both the central as well as the state is not taking initiative to increase the resources. Our country need more benches as well at the same time they need more and more courts to accommodate all these benches.

Due to lack of efficiency and low quality in the courts, a lot and lot of cases are appealed in the higher courts that increase the number of cases pending in the court. This is due the lack specialization and lack of accountability at the end of the district court judges and lack of effort by the Indian judiciary that did not invest on the resources that will increase the efficiency of the courts. The whole of the budget allocated to the Indian judiciary is very less.

  • DELAY IN APPOINTMENT OF JUDGES

Delay in the appointments of judge’s play an important in the delay of justice. There are only few judges in our country for the population we have. There are round about 13.05 judges per million in which is increases the burden on the part of the Supreme Court judges. For clearing, all the backlog cases there need to be adequate amount of judges and courts. In the Indian judicial system there a lot of vacancies pending which ends up affecting the efficiency. In Advocates on Record Association v. Union of India and others[1] it was held that the chief justice of India must initiate the appointment of the Supreme Court judge. According to the norms mentioned, the vacancy of the judges should be filled within 6 months from date of the retirement of the judge but it highly followed.

  • DELAY IN DECISION AND DELIVERING JUDGEMENTS

There are judges who do not deliver judgements for years and years and the Malimath committee considered this. The foreign studies also have proved there is not only one reason for the courts and judges to delays the judgements there many reasons for the delays and backlogs. There are a lot of burdensome procedures and there not enough courts to deals with such cases and there such matter which end up going into the court where they could be sorted out by negotiation this can sum up to judicial delays.

The delays caused by the court low quality judgement and the corruption the judicial system. Beside from all this following are the reason for delays caused by the Supreme Court:

  • Administrative staff’s role in the judicial system
  • The judges are not properly equipped to tackle all the cases because lack of specialization knowledge.
  • In adequate number of courts present in the country to deal with all the cases pending.
  • Lack of accountability in the lower court that leads to appeals in the apex court and leads to the delay and backlogs of all the cases in the Supreme Court.

According to the Union, minister on India Ravi Shankar Prasad there no shortages of judges in Supreme Court. The delays for all the pendency and the backlog of cases according to him is:

  1. Increase in the number of states
  2. Revision of appeals
  3. Long vacation
  4. Accumulation of all the pending appeals
  • WORKING HOURS

One of the most debatable topics can be the too many vacations in the Supreme Court. In many other countries there in no provision for long vacation for the court but in India there are so many long vacation which lead to a lot of pendency of cases and this has been argued at the national level. The table below lists out the working days and time

of all the courts in India. 

COURTSWORKING

DAYS

TIMINGS
Supreme Court185 days a yearThe judges only work for 4 and half hours from 10:30am to 4:30pm including a 1 hour lunch break
High Court210 days a yearThe judges only work for 5 hours from 10:30am to 4:30pm including a 1-hour lunch break.
District Court240 days a yearThe judges only work for 4 and half hours from 10:30am to 5pm including a 45mins lunch break.

When there are round, about millions and millions of cases pending the court totally gets five vacation throughout the year. The supreme court of India roundabout have 45 days of summer vacation and 15 days of winter break and rest all small holidays which end up in a big gap. The ministry of law should take serious and appropriate actions against this and should implement the recommendation of the law commission that states that according to the Report no.221, 245 and 230 the courts in India should function for 225 days and for 6 hours per day.

The apex court of India is functioning for a very less period during the year, as they are main hope for justice to the whole country. The situation has caused a lot of burden to the Supreme Court and now the court should do away with such long vacation and start focussing of the pending cases. The number of working days in the apex court can literally be counted which leads to monotonous backlog cases in the country.

The issue of delay of cases is not the new problem of India it has existed for years and years. There are endless amendments of laws that is one of the main reasons for the delay in the justice. These endless amendments make it difficult for everyone to get used to it or get adapted to the law which makes the court procedure very slow and this again leads to delay of the procedures.

 CONSEQUENCES OF DELAY OF JUSTICE

There are some facts that will state us the consequence of delay of justice and how it causes a huge effect on the society. There are so many cases and judgement where the courts have delivered the judgement after a very long time. For example, in Safdar Hasmi, murder case the political opponent had caused the murder and the death sentenced had been given after 15 years that is a very long period. This helps the people to vanish away all the evidence within this long period as the same situation had taken place in the Tanduri murder case where Susil Sharma a congress leader was given death sentence after 8 long years.

It has been noted and calculated that on an average if the courts congestion were managed and reduced the industrial productivity and the efficiency of the company would have increased by 5%.

The common man of India will lose all its hope in the justice system, they will think twice to approach the court, and its hopes on the judicial system is always low.

CONLUSION

“Justice delayed is justice denied”, however delay of justice does not only lead denial of justice it can also lead to the concept of Rule of Law being destroyed. However, the supreme judges are considering this issue. Justice hurried is also considered to be justice buried the Supreme Court should take adequate time and not delay in such a way that the cases in the court wait for years and years.

As we went about by seeing the factors involving in the delay of justice and we have noticed that the supreme court of India should have more working days in the year and less amount of vacation. This will help the court to take adequate amount of time to and there will not have any kind of pressure to dispose and will not have very tedious targets which might lead to other factors.

As we have already seen about how the fast track courts go about where they dispose of the cases at a very good speed, but they do not follow most of the procedure that is the key factor to be given for the justice. If this continues to happen, it will lead to more and more appeals, and if the Supreme Court follows the same procedure then it will lead to a big issue especially the high cases. The cases which deals with fundamental rights of the of citizen , straight away the question of law will arise in from of the supreme court as it being the apex court of  India.

RECOMMENDATION AND SUGESSTION TO OVERCOME THE DELAY IN JUSTICE

Other than the basic recommendation given by every common man in the country that are commonly known to all of us these are the following unique recommendation.

Case management 

This system of case management has not yet been introduced in India. In the United States of America, the system of case, management is introduced, and it has been stated that rather than waiting for the matter to be presented to the council they should sit and analyse the issue and anticipate the problem. This will end up reducing the burden of the supreme court of India. Case management can be used as an appropriate tool for increasing efficiency of the courts if there are proper rules and regulations implemented and it will be easy to dispose of all the cases and there will not be any pendency and backlog cases.

Accountability at the lower court

There should be more accountability at the lower court and more and more efficiency at the lower, which will lower the number of appeal cases in the Supreme Court and the burden of the Supreme Court as well the pending cases that are going on for years and years, will not be pending anymore. There should be more transparency and more efficiency at the lower court that reduce the word burden on the upper court easily.

The supreme court of India is taking serious action against all this and all the possible recommendation will be implemented in the coming future.

[1] (2005) 6 SCC 344

1 Comment

  1. Selina Mccandlish 25th March 2020 at 3:19 AM

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