The Logjam Need Not Be

A list of administrative means for reducing India’s painful judicial pendency

- Raghav Chandra

It was reassuring to note that recently the head of the apex judicial institution, the outgoing Chief Justice of India had himself acknowledged the huge pendency of 3 crore cases in various courts. Indeed a recent study of judicial pendency commissioned by the Department of Justice through the Administrative Staff College has revealed some very glaring facts. The average waiting period for trial in lower courts is around 10 years and 2-5 years in HCs. While a detailed review of judicial processes is indeed necessary, here are a few other administrative suggestions to reduce judicial pendency.

One, SC should mandate summary disposal of all ‘hibernating’ PILs – those pending for more than 10 years before HCs – if they do not concern a question of significant public policy or law. There are writs pending before HCs couched in the garb of matters of public concern, seeking to undo a specific decision of a government body. Close scrutiny would however reveal that they are aimed at settling personal scores and are sustained by vested interests with deep pockets and an uncanny familiarity with the judicial system in that state. If the chief justice of a HC is hesitant to dispose such cases summarily, these cases should be automatically transferred to another HC to ensure that they are handled objectively and within a mandated time limit of six months.

Two, it should be mandated that all commercial litigation will be entertained only if there is an affidavit from the petitioner that mediation and conciliation have been attempted and have failed. Three, penalties for mere procedural lapses under various commercial laws should be made compoundable; the level of penalty should be proportionate to the size of infraction and revisable from time to time through rule-making by the executive.