Editorial: Fruits of reforms
The Supreme Court by disposing of an unprecedented 52,191 cases in 2023, has shown how to use technology to reduce pendency
It is often said that justice delayed is justice denied. The pendency of cases in courts is a huge legacy issue in India. A steady rise in arrears regardless of the periodic increase in judicial strength has been a constant phenomenon since Independence. A comprehensive set of judicial reforms is the best solution to address the systemic inadequacies. The adoption of modern technology tools forms a key component of these reforms and will help radically improve the functioning of the judiciary. The Supreme Court has now shown how to use technology tools to reduce pendency. It has disposed of an unprecedented 52,191 cases in 2023, nearly 3,000 more than the total number of new cases registered during the year. The disposal is the highest in terms of numbers since the Integrated Case Management Information System (ICMIS) was launched in 2017.
The SC has successfully harnessed technology to achieve this feat. This was possible, largely due to the initiatives taken by Chief Justice DY Chandrachud who streamlined the timeframe required for filing and listing of cases. Apart from primacy to personal liberty, the apex court ensured that matters such as bail, habeas corpus, eviction and demolition were processed in one day and listed immediately. Notably, for the first time, such proceedings were also taken up during the summer vacation. Forming specialised benches to handle particular types of cases also proved effective in streamlining the process.
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According to the National Judicial Data Grid, there are nearly 5 crore cases pending in various courts, including over 80,000 in the apex court, 60,000 in various high courts and a staggering 4.44 crore cases in the district and other lower courts. In a country where inordinate delays in the justice delivery system force undertrials languish in jails for years and even those granted bail must wait till the court order reaches the jail authorities by post, the urgency of overhauling the judicial infrastructure need not be over-emphasised. While all other sectors have adopted modern communication technologies to improve efficiency and speed up delivery processes, the judiciary has been excruciatingly slow in embracing change. Modernisation and digitisation of courts should be accorded top priority. Many countries have embraced virtual technologies long ago for hassle-free delivery of justice.
The district, session and the other lower courts should be sensitised about the critical role they play in speedier disposal. The Bar Council should actively self-regulate itself. Members should be sensitised to work closely in tandem with the courts to ensure swift disposal of cases. There is a need to reactivate and strengthen the National Mission for Justice Delivery and Legal Reforms, set up in 2011 with the twin objectives of increasing access by reducing delays and arrears in the system, and enhancing accountability through structural changes and setting performance standards. Focus is also needed on encouraging alternative dispute resolution measures.
