Editorial: Tackling pendency

The pendency of cases in courts is a huge legacy issue in India. The pandemic has only exacerbated the problem. Addressing the pendency issue forms a key aspect of judicial reforms. The Supreme Court’s latest decision to revive the Constitution Benches and ensure that they function throughout the year is a welcome move in this […]

The pendency of cases in courts is a huge legacy issue in India. The pandemic has only exacerbated the problem. Addressing the pendency issue forms a key aspect of judicial reforms. The Supreme Court’s latest decision to revive the Constitution Benches and ensure that they function throughout the year is a welcome move in this direction. Those involving substantial questions on the interpretation of the Constitution are among the more crucial cases that need to be resolved at the level of the apex court. The announcement about the listing of 25 Constitution Bench matters for hearing on a daily basis sends the right message to all the stakeholders. The Supreme Court is not merely a Court of appeal but is the interpreter of the Constitution — an aspect that has been overlooked in recent years, in favour of other pending matters. If the Apex Court decides a matter promptly, then lower courts can follow suit in similar matters. These sweeping changes would help the judges identify, hear and provide relief in cases which need their urgent attention. It would also help litigants and lawyers to avoid delay in getting their cases listed for hearing before judges due to the long-winded processes of the Supreme Court Registry. The idea of a permanent Constitution Bench is not new. In September 2019, former Chief Justice Ranjan Gogoi made an announcement in this regard but it did not take off. The court has been firefighting pendency, which rose alarmingly during the pandemic months.

The Supreme Court’s pendency has now crossed over 71,000 from a little over 55,000 in 2017. This is despite the fact that the sanctioned judicial strength of the court was increased to 34 judges in August 2019. A steady rise in arrears regardless of the periodic increase in judicial strength has been a constant phenomenon since 1950. A comprehensive set of judicial reforms is the best solution to address systemic inadequacies. The adoption of modern technology tools and artificial intelligence will help radically improve the functioning of the judiciary. Unfortunately, the judiciary too is plagued by the digital divide; the higher courts have benefited from digital connectivity and going paperless while the lower courts have no access to new technologies. In a country where inordinate delays in 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 overemphasised. 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 speedy and hassle-free delivery of justice.

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