Challenges and Economic Impact of Delays in Indian Courts
Delays in the Indian judicial system are a significant issue, affecting everyday life and the economy by tying up money, increasing business costs, discouraging investment, and straining public resources. Estimates suggest these delays could amount to 1.5 to 2 per cent of India's GDP, with over 5 crore pending cases aggravating the situation.
Factors Contributing to Delays
- Poorly framed laws
- Lack of adequate staff and infrastructure
- Insufficient professional administrative support, leading to judges handling management tasks
Attempts to Address the Problem
The 13th Finance Commission (2010–2015) recognized the burden on judges and recommended the creation of a dedicated cadre of court managers. ₹300 crore was allocated for this initiative.
- Court managers were to handle case-flow, HR, infrastructure, and performance monitoring.
- The implementation was uneven, with only 128 positions filled by 2015.
- After central funding ceased, many positions were discontinued due to financial constraints and lack of institutionalization.
Challenges in Implementation
- Resistance from judges to relinquish administrative duties.
- Unclear roles and lack of standardized performance measures for court managers.
- Mismatch between managers' training and the specific needs of court administration.
Supreme Court's Intervention
The Supreme Court revisited the issue in May 2025, directing High Courts to update service rules and state governments to approve them.
Path Forward
For effective reforms, it is essential to create a permanent cadre of court managers to separate judicial and administrative duties, enhancing systemic reforms like digitization. The challenge lies in institutionalizing these changes and professionalizing court administration.
