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B40a
Five minutes per case. That’s what Delhi HC estimates it has in a day for its backlog. We apply the formula to all 21 HCs (the figures in bold indicate the number of pending cases and the figures following the respective cities are the number of years it would take at the rate of Delhi HC)
Law
ministry figures on pending cases till Sept 30, ’07. *Delhi figures
updated till Mar 31, ’08.
If justice delayed is justice denied,
then the high courts across the country are in deep waters.
"We want more judges in the HCs, SC. We have approved 150
posts for HC judges... courts have to forward names now." H. Bhardwaj, Union Law Minister
For the
backlog of pending cases is now a flood that shows no sign of
abating. At last count, in 2007, there were nearly 40 lakh cases to
dispose of in 21 high courts. And as many as 46,926 cases were yet to
be adjudicated on by the Supreme Court.
The magnitude of the
problem was highlighted in the 2007-08 annual report of the Delhi HC,
which noted 3,32,141 cases in hand. Some 600 of these are over 20 years
old.
For the
backlog of pending cases is now a flood that shows no sign of
abating. At last count, in 2007, there were nearly 40 lakh cases to
dispose of in 21 high courts. And as many as 46,926 cases were yet to
be adjudicated on by the Supreme Court.
The magnitude of the
problem was highlighted in the 2007-08 annual report of the Delhi HC,
which noted 3,32,141 cases in hand. Some 600 of these are over 20 years
old.
Lawyers
and judicial officers say the
situation demands an urgent revamp of the way courts function. "It's a
pathetic state of affairs," says former attorney general, Soli
Sorabjee. "The only remedy is for the government to appoint senior
advocates who have no connection with the respective courts as judges
for six months up to a year."
Supreme Court lawyer Rajeev
Dhawan, member of the Shetty committee set up in 1999 to look into ways
to clear the backlog, adds: "Cases pile up and show a huge cumulative
arrear as the years go by. The major reason for this is that the
judiciary is a poorly funded department.
"The only remedy is to get senior advocates with no
connection to the respective courts as judges for a year." Soli Sorabjee, Ex-Attorney
General
The
government collects huge revenues
through the civil justice system but there is a cap on the
restructuring of courts and its requirements. One major step that needs
initiation is the 'gram nyayalaya'... and delivering justice at the
doorstep. This is a workable solution that can actually make a
difference."
Union law minister Hansraj Bhardwaj admits there are several
shortcomings in the system. As he puts
it, "The
courts do not have enough staff.
The government has tried to introduce several corrective measures.
Through the Gram Nyayalaya bill, it is proposed to create over 5,000
courts for the rural population at the intermediate panchayat level. We
have also approved about 150 posts for high court judges but no names
have been forwarded by the courts so far. We want to increase the
strength of judges in the high courts and the Supreme Court".
Many
courts have problems clearing the backlog because the actual number of
judges appointed is less than that sanctioned. For example, the Madras
HC has a sanctioned strength of 60 judges but only 46 have been
appointed. In Chhattisgarh, the sanctioned number is 18 judges whereas
only six have been appointed.
Similarly,
other high courts are also short on judges.
According
to the law ministry, it has taken several other steps like setting up
fast-track courts, special tribunals like the central administrative
tribunal, income tax appellate tribunal apart from facilitating the
reduction of pendency of cases in courts. It has also introduced
computerisation at the district and subordinate court levels for early
disposal of cases. Alternative modes of disposal including mediation,
negotiation and arbitration have also been encouraged. With a view to
ensuring expeditious disposal of cases, the civil procedure code has
been amended, limiting the number of adjournments.
On February
9, Chief Justice of India K.G. Balakrishnan inaugurated a model e-court
project in Ahmedabad, synergising technology with the judicial process
to speed up work. The project, being implemented on a pilot basis, will
provide tamper-proof, authenticated audio-video recordings of courtroom
proceedings along with multi-point video conferencing facilities
between the courtroom, central jail, police commissioner's office and
the forensic science laboratory. The project is now being implemented
at the civil and sessions court in Ahmedabad.
But all this
just barely skims the surface. What is essentially required is a change
in work culture. Lawyers point out that even the process of registering
cases is long-drawn and tedious now. Cases take even longer to get
listed. Court officials are often bribed to defer cases by vested
interests. Also, on average, a court works for a little over five hours
for about 213 days a year. It has often been suggested that courts
should have a shorter vacation and must log more workdays in a year.
Says Supreme Court lawyer K.C. Kaushik: "The rules for court vacations
in summer were set during the days of the Raj. That needs to be
reviewed...which could help in clearing the backlog."
Very
clearly, a complete overhaul of the judicial system is required.
Lawyers as well as judicial officers across the country are unanimous
that short-term measures will not do. But most importantly, to bring
about a major change in the courts system, the government and the
judiciary should work in tandem and not at cross-purposes.
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