Justice delayed is justice denied. And by that logic, millions of Indian citizens are denied justice each year.
The Indian courts are overburdened. Over 50 million cases are pending across high courts and the Supreme Court, with about 27 million new cases coming in every year. More than 180,000 cases are gathering dust in the courts for over 30 years.
India’s courts are now becoming synonymous with delays.
A combination of understaffed courts, outdated procedures and a booming population seeking justice have crippled the legal system.
India has the lowest number of judges in proportion to its population. Only 21 judges for a million people, as opposed to 51 in the UK and about 107 in the US.
The Law Commission in 1987 had recommended 50 judges per million people. But, delays in appointments have kept the courts understaffed.
High Courts are operating with a significantly smaller number of judges than their sanctioned strength while over 5,300 posts are vacant in the district judiciary.
These grim statistics paint a worrisome picture of an Indian judiciary struggling with prolonged trials, excessive appeals and frequent adjournments.
Since 2020, Indian courts have observed an increase of over 30% in case backlogs.
The Indian government responded with technological solutions like virtual hearings and digitisation, and formed fast-track courts to clear backlogs.
Yet, the number of pending cases kept rising.
With incremental reforms continuing to fail, India’s eminent lawyer and former Attorney General Mukul Rohatgi has called for complete overhaul the Indian legal system.
Just last year, the Indian government replaced colonial-era laws with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. but, in an interview with Vikram Chandra, Rohatgi opined that the changes weren't drastic enough.
Arguably, the biggest trouble with India's legal system is the complex procedure leading to lengthy court proceedings and endless appeals. Here's how Rohatgi would fix the problem.
The former attorney general also suggested that the Indian government should take the lead in avoiding unnecessary litigation and not appealing every court decision. He said that by taking this approach, the government can reduce the burden on the judiciary, save public funds, and focus resources on more pressing issues.
