Chief Justice of India highlights frustration over court delays, calls for urgent reforms to address pendency
The Chief Justice of India has voiced a growing concern shared by many: the prolonged delays in Indian courts are causing immense frustration among the public, turning the judicial process into an unwelcome ordeal. In a recent statement, the Chief Justice D Y Chandrachud remarked, “People get fed up with protracted court proceedings, the process becomes a punishment.” This stark observation brings to light the urgent need to address the pervasive issue of case pendency in India's legal system. The Indian judiciary is grappling with an overwhelming backlog of cases, which has long been a subject of public discontent and legal scrutiny. The Chief Justice of India's recent statement underscores the severity of this issue, highlighting how extended court delays are not only hindering justice but also eroding public trust in the legal system. As of recent estimates, over 40 million cases are pending across various levels of the Indian judiciary and may take 300 years to clear it at the going pace. This staggering number includes civil, criminal, and administrative cases, many of which have been unresolved for years or even decades.
The backlog creates a bottleneck that prevents timely justice, leading to prolonged legal battles and increasing costs for the litigants. Extended delays can lead to a lack of confidence in the judiciary, with people perceiving the legal process as slow and inefficient. When cases languish in the courts for years without resolution, individuals begin to doubt the effectiveness and reliability of the judicial system. Knowing that legal proceedings are likely to be drawn out, many individuals may avoid seeking justice through the courts altogether. This reluctance is particularly pronounced among those who cannot afford prolonged litigation or who need prompt resolution due to personal or financial constraints. The inordinate delays can drive people to seek alternative, and often extrajudicial, means of resolving disputes. Moreover, businesses and investors rely on a robust legal system to enforce contracts and resolve disputes. Addressing these delays is crucial for maintaining the integrity and efficacy of the judicial system and ensuring that justice is accessible and timely for all citizens. Several factors contribute to the chronic issue of case pendency in India. A significant number of judicial positions remain unfilled. The legal procedures in India can be highly complex, often leading to unnecessary delays. Many courts lack the necessary infrastructure and technological support. But the biggest source of delay is the practice of frequent adjournments, often granted for frivolous reasons. A Bollywood film dialogue ‘tareekh pe tareekh’ sums it up succintly. Some issues have been dealt with in the amendments to the Indian penal code which are now called ‘Bharatiya Nyaya Sanhita’ but a lot more needs to be done to expedite justice and establish a rule of law! As the saying goes, “Justice delayed is justice denied,” and the legal system must cope with the needs of a fast-paced society that we have today.
