Justice delayed (Toning up the slow Indian justice system)

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 Justice delayed (Toning up the slow Indian justice system)

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• Economic Surveys : Past two Surveys provided insights into judicial reforms, and justice delivery. Only systemic and structural reforms will work, not knee-jerk application.
• Govt. the biggest litigant : Since the govt. files the most number of cases, the quality of orders by quasi-judicial officers at bottom rungs of govt. must improve. Poorly drafted orders have clogged the system with Rs.7.58 trillion worth of tax claims (2017). Success rate for govt. cases is not more than 30%.
• Stuck projects : Various stays and injunctions by Courts, due to poorly drafted orders, has led to a large number of stuck infra projects just when India needs more private investment.
• Don't blame wrongly : Only 13% pendency is in High Courts and Supreme Court. If 87% pendency is in district courts, then trying to focus on judicial activism (of higher judiciary) is meaningless. Yes, more judges will help, provided all support staff is provided.
• Budget for judiciary : India allots 0.08% of GDP to it, when pendency is so high. Also, the definition of pendency needs to be more realistic, as today even a case filed half an hour ago is counted as pending.
• Holidays : District Court judges work 242 days a year, and dispose on average 746 cases. HC judges work 212 days and dispose 2348 cases. Reducing holidays is not an answer, as filling vacancies will be much better.
• Better Case and Court management : Improvement in judicial processes is the key. Fast track courts are an ad hoc, temporary measure, not a solution. About 30% of a case's overall life is spent in serving notices. Speed that up first. Many new electronic and mobile tools are being brought, and must be. Full computerisation will really help.
• Professional managers : Administration of courts must be given to professional managers, and judges must respect their help and assistance. Justice delivery will improve rapidly. (an experiment on these lines was only partially successful)
• Avoid the bogeys, focus on real stuff : Vacancies, adjournments and vacations are all bogies. Real issue is case and court management, computerisation and quality of judicial orders.
• Summary : Speeding up judicial delivery system in India is indeed possible, provided we focus on the right issues, and not lose our way with useless bogeys.

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