Roadmap for Answer Writing

1. Introduction (100-120 words)

• Define judicial pendency: Briefly explain judicial pendency as the backlog of unresolved cases in courts.
• Importance of timely resolution: Highlight why the timely resolution of court cases is vital for upholding the rule of law and ensuring citizens’ access to justice.
• Thesis statement: State that various factors contribute to judicial pendency, but the government and judiciary have taken several measures to address this challenge.

2. Factors Contributing to Judicial Pendency (200-250 words)

Provide a structured analysis of key reasons behind the growing judicial pendency in India.

a. Inadequate Infrastructure and Resources

• Subordinate courts, especially in rural areas, face severe infrastructure constraints, poor working conditions, and lack of resources.
  • Fact: According to the Department of Justice, 87.4% of the pending cases are in subordinate courts, which struggle with outdated infrastructure and a shortage of judicial staff.
  • Source: Department of Justice, Government of India (2022).

b. Shortage of Judges

• India has a very low judge-to-population ratio (20 judges per lakh people), contributing to a backlog of cases.
  • Fact: By April 2021, 411 out of 1,080 posts were vacant in High Courts alone.
  • Source: Supreme Court of India, 2021.

c. Government as the Largest Litigant

• The government is involved in nearly 50% of all cases, often through bureaucratic delays and inter-departmental disputes.
  • Fact: Former CJI N.V. Ramana stated that the government, due to its role as a litigant, adds significantly to judicial pendency.
  • Source: The Hindu, 2021.

d. Outdated and Vague Laws

• Ambiguities and outdated laws often lead to prolonged litigation and judicial delays.
  • Fact: Numerous cases arise from laws that are vague or require multiple interpretations, leading to protracted legal proceedings.
  • Source: Law Commission of India, Report on Judicial Reforms, 2016.

e. Impact of the COVID-19 Pandemic

• The pandemic caused delays due to lockdowns and restricted functioning, further clogging the judicial process.
  • Fact: The National Judicial Data Grid reports a 27% increase in pending cases between December 2019 and April 2022.
  • Source: National Judicial Data Grid, 2022.

3. Measures to Address Judicial Pendency (200-250 words)

After identifying the causes of judicial pendency, outline the steps taken to tackle the issue.

a. Government Initiatives to Reduce Litigation

• Legal Information Management & Briefing System (LIMBS): A platform to monitor government litigation and reduce unnecessary cases.
  • Fact: LIMBS aims to reduce the number of government-related cases and increase efficiency.
  • Source: Ministry of Law and Justice, 2021.
• Administrative Mechanism for Resolution of Disputes (AMRD): Aims to resolve inter-ministerial and departmental disputes without resorting to litigation.
  • Source: Government of India Report, 2020.

b. Establishment of Fast-Track Courts

• The government has set up fast-track courts to deal with specific categories of cases (e.g., sexual offenses, corruption cases).
  • Fact: Fast-track courts have been credited with helping to resolve over 3 lakh cases in 2020 alone.
  • Source: National Judicial Data Grid, 2020.

c. Promotion of Alternative Dispute Resolution (ADR)

• Encouraging mediation, arbitration, and conciliation as alternatives to traditional litigation.
  • Fact: The Arbitration and Conciliation (Amendment) Act, 2019, strengthened ADR mechanisms in India.
  • Source: Ministry of Law and Justice, Government of India.

d. Technological Integration

• e-Courts Project: Digitalizing court processes to increase transparency and reduce delays.
  • Fact: As of 2022, more than 16,000 courts in India were integrated into the e-Courts platform.
  • Source: e-Courts Mission Mode Project, 2022.
• SUPACE (Supreme Court Portal for Assistance in Court Efficiency): Using artificial intelligence to aid in case management and improve efficiency.
  • Fact: SUPACE aims to assist judges in case disposal by providing automated recommendations.
  • Source: Supreme Court of India, 2021.

e. Judicial and Court Management Reforms

• Court Management Systems: Implementing case management systems to reduce delays and optimize workflow in courts.
  • Fact: The National Court Management System has been established to streamline court processes.
  • Source: National Judicial Academy, 2020.

4. Conclusion (100-120 words)

• Summary of issues and solutions: Briefly summarize the causes of judicial pendency (e.g., shortage of judges, government litigation, outdated laws) and the measures being taken to address them (e.g., fast-track courts, ADR, digital initiatives).
• Call for further reforms: Suggest that further improvements in judicial infrastructure, increased judicial appointments, and ongoing reforms will be necessary to reduce the backlog and improve the timeliness of justice in India.

Relevant Facts with Sources

1. Judicial Pendency and Backlog
   • Source: Department of Justice, Government of India (2022)
   • Fact: Over 4.70 crore cases are pending, with 87.4% in subordinate courts and 12.4% in High Courts.
2. Vacancies in Judiciary
   • Source: Supreme Court of India (2021)
   • Fact: 38% of High Court judicial positions were vacant by April 2021.
3. Government Litigation
   • Source: The Hindu, 2021
   • Fact: The Indian government accounts for nearly 50% of the total number of cases pending in courts.
4. COVID-19 Impact on Pendency
   • Source: National Judicial Data Grid, 2022
   • Fact: Pendency increased by 27% between December 2019 and April 2022 due to the COVID-19 lockdowns.
5. Technological Integration
   • Source: e-Courts Mission Mode Project, 2022
   • Fact: More than 16,000 courts have been digitized to speed up judicial processes.

By following this roadmap, you can provide a well-structured, fact-based analysis of the causes and solutions to judicial pendency, showing a clear understanding of the issue and the measures taken to address it.