ORDER IN THE COURTS

THE JUDICIARY’S IMMEDIATE CHALLENGES INCLUDE REDUCING THE HUGE BACKLOG OF CASES IN THE LOWER COURTS, FILLING UP JUDGE VACANCIES AND STREAMLINING THE WORK OF TRIBUNALS. A LARGER CONCERN IS JUDICIAL INDEPENDENCE ITSELF

- ARVIND P. DATAR

As we hurtle towards the 75th year of our independence, a clear roadmap is necessary to ensure that the judicial branch of our republican Constitution—which includes courts and the tribunals—functions efficiently and independently. At present, India is ranked 163rd among 193 countries in terms of enforcement of contracts and there can be no better wake-up call. We can accomplish the goal of becoming become a five-trillion dollar economy much faster if we pay greater attention to the neglected third pillar of our democracy. In 2022, the three areas which require immediate attention are case arrears, judicial appointments, and functioning of tribunals.

THE BACKLOG

As we bid goodbye to 2021, 5,638,327 cases remain pending in the high courts (4,080,659 civil and 1,557,668 criminal cases). About 53 per cent of these cases have been pending for more than three years, including the 940,513 cases that have been dragging on for over a decade. It is interesting that out of the 22 high courts, just five accounts for more than half the arrears (see box: Great Indian case logjam).