Courts' Pendency Crisis: One Wheel Cannot Move A Chariot

How ancient Indian wisdom can be a guide to reform and revitalise the judicial system today

- Ashwin Sanghi

Kautilya’s Arthashastra – written around 2,300 years ago – says, “Judges shall discharge their duties objectively and impartially so that they may earn the trust and the affection of the people.” Going back further in time,

Shukra’s Nitishastra says, “The king should appoint those who are virtuous, well-tried and capable of bearing the burden of the administration of justice.”

And digging deeper, the Brihaspati Smriti says, “A judge should decide cases without any consideration of personal gain or any kind of personal bias; and his decision should be in accordance with the procedure prescribed by the texts. A judge who performs his judicial duties in this manner achieves the same spiritual merit as a person performing a yajna.”

Ancient India accorded tremendous importance to the effective and efficient dispensation of justice. But I wonder what Kautilya, Shukra or Brihaspati would have thought of India’s justice delivery system today.

At over 47 million, India has the largest number of pending court cases in the world. A 2018 paper by Niti Aayog said it would take more than 324 years to clear the backlog. But the solutions to reform and revitalise our judicial system are staring us in the face. We simply need the will to get them done.