Pendency in India's Judiciary System

The Supreme Court of India has linked the stagnation in the subordinate judicial service to prolonged litigation and significant pendency in India's courts. According to the National Judicial Data Grid, there are 4.69 crore cases pending in district courts.

Challenges Faced by Subordinate Judiciary

• Clerical Work:
  • Subordinate judges spend considerable time on clerical tasks, including calling suits for appearance, issuing summons, and receiving vakalathnamas, leaving little time for case disposal on merits.
  • This process often takes up the entire morning, causing a loss of quality time for judicial work.
• Lack of Experience:
  • Judges are often appointed without necessary experience, struggling to manage the workload and failing to pass orders effectively.
  • It is suggested that new appointees undergo training with High Court Benches to observe judicial procedures and improve work culture.

Impact of Legislative Provisions

• Mandatory Pre-suit Mediation:
  • Section 12(a) of the Commercial Courts Act requires pre-suit mediation, causing unnecessary delays when parties have already exchanged notices without settlement.
• Cooling-off Period in Divorce Cases:
  • The six-month cooling-off period for mutual consent divorce often leads to further delays, as courts may not dispense with this period.
• New Rent Act:
  • There is confusion over jurisdiction in the absence of a written lease, causing further legal complexities and pendency.

Procedural Complications

• Code of Civil Procedure:
  • The procedures, such as preliminary and final decrees in partition actions, are often misused to delay proceedings.
  • Execution proceedings are prolonged due to technical provisions under Order XXI, which should be simplified for quicker resolutions.
• Written Statement Filing:
  • Current provisions mandate a written statement within 90 days, but suits are not disposed of immediately, questioning the efficacy of such deadlines.

Recommendations

• A separate judicial officer should handle clerical tasks in district courts, freeing judges to focus on case merits and disposal.
• Revise archaic laws and recruit competent lawyers as judges to enhance qualitative case disposal and reduce pendency.
• Streamline procedures in the Code of Civil Procedure to expedite execution of decrees and awards.

Overall, addressing legislative and procedural inefficiencies, along with improving judicial training and reforms, is crucial for reducing the pendency and enhancing the efficiency of India's judiciary system.