Judicial Backlog in India, Challenges and Potential Solutions

Context: India’s judicial system faces a significant challenge due to an enormous backlog of cases. This issue affects all levels of the judiciary, from the Supreme Court down to lower courts.

Challenges in the Judicial System

• Low Judge-to-Population Ratio: Only about 21 judges per million citizens compared to countries like the U.S., which has around 150 judges per million.
• Adversarial Legal System: Cases undergo multiple interim applications and appeals, prolonging litigation.
• Shortage of Resources:
  • Infrastructure deficits: Courtrooms, digital systems, and human resources are inadequate.
  • Financial limitations: Limited budget for expanding judicial capacity.
• High Government Litigation: The government is a party in nearly 50% of cases, causing avoidable legal congestion.

Potential Solutions to Reduce Backlog

• Data Governance & Case Classification: Sensible categorization of cases can prevent repetitive legal engagements and speed up disposal.
• Appointing Retired Judges on an Ad-hoc Basis: Helps temporarily reduce backlog but is not a long-term solution.
• Legal Reforms in High-Volume Litigation Areas: Cheque bouncing and landlord-tenant disputes contribute heavily to the backlog.
  • Revising laws to discourage unnecessary litigation (e.g., punitive costs for frivolous cases) can reduce caseloads.
• Government as a Responsible Litigant: The government should settle disputes amicably instead of engaging in prolonged litigation.
  • Current efforts show some improvement, but reforms are needed to curb excessive legal battles.

Mediation as a Key Solution

What is Mediation?

• A process where disputing parties meet with a neutral mediator to find a mutually acceptable resolution.
• Confidential, flexible, and voluntary, with no imposed decisions.

Evolution of Mediation in India

• 1990s: Introduced in India as an experimental dispute resolution method.
• 2005: Began gaining traction in courts, becoming an accepted practice.
• Present:
  • Judges frequently recommend mediation.
  • Thousands of lawyers have become mediators.
  • Courts recognize it as a viable dispute resolution mechanism.

Advantages of Mediation

• Faster Resolution: Most cases are resolved in a few sessions, even complex ones.
• Lower Costs: Mediation costs a fraction of litigation for both parties and the judiciary.
  • Avoids years of hearings, appeals, and administrative burdens.
• Preservation of Relationships: Unlike litigation, which is adversarial, mediation fosters collaborative problem-solving.
  • Helps businesses, families, and individuals maintain relationships.

Implementing Mediation to Reduce Backlog

• Identifying Cases Suitable for Mediation: Large volumes of civil, commercial, and matrimonial disputes can be mediated.
• Assigning Trained Mediators: Courts can direct cases to mediators with experience.
  • Reasonable fees should be allocated for mediation services.
• Institutionalizing Mediation: Encourage businesses and the government to adopt mediation before litigation.
  • Develop mediation as a full-fledged profession with financial incentives for practitioners.

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