Attorney General Mukul Rohtagi and Chief Justice of India R.M. Lodha have both spoken of reducing judicial backlog in courts. 31 million cases are pending in courts across the country. The bleak picture has not changed in the last five years. Solutions have come up-fast-track tribunals, evening courts, National Case Management Systems and hiring of more judges. The Chief Justice of India suggested that courts should work 365 days a year. The Bar Council of India opposed the idea. The Accountant General has suggested a multi-pronged approach. He has emphasized the need for an attitudinal change in both litigants and courts.
Mediation and arbitration receive legislative backing. There are however too many petty issues which reach the courts. More courts may not be the solution to the problem. This measure has however lessened the backlog in Gujarat and Delhi to some extent. There are 250 vacancies in the high courts in India. The situation in trial courts is extremely bad and many of the judges do not come up to the standard. Judgments should be clear and precise, especially in appellate cases. Of course, what is most important is that the proverbial law’s delay should be eliminated. The bar and the bench should cooperate to solve the problem. Lawyers should not waste time in waffling while completing their arguments. The practice of advocates often seeking adjournments taking advantage of procedural rules must be curtailed. Frivolous litigation should always be thrown out of the courts. The Supreme Court should reduce the number of appeals which it hears year after year.
