Court backlog must be cut, but a cess isn’t the solution

The law ministry is considering a cess to help clear the
three crore cases clogging the courts. Though the proposal is only at a
discussion stage, it must be nipped in the bud. We’ve already had an education
cess and it is unclear how much of this has reached the real beneficiaries and
if it has led to any perceptible improvement.

Obviously the ever-increasing pile-up of cases in our courts
is a major cause for concern. Of the three crore cases pending in the courts,
roughly 2.5 crore are in lower courts, 40 lakh in the high courts and around
52,000 in the Supreme Court. The backlog has not only paralysed delivery of
justice but also exacted a high economic cost. Finance minister Pranab Mukherjee
recently said that delays in the courtroom were having an adverse impact on the
country’s GDP. This is mainly because of the inordinately long time taken to
enforce a contract in India.

Among the other proposals include the filling up of vacancies
in courts quickly. It has been suggested that some 15,000 judges be appointed in
trial courts for a two-year term who will work in three shifts. There are other
proposals that could also be considered. Retired judges could be drafted to help
tackle the shortage of personnel; the long vacation for judges, a holdover from
colonial times, should be reduced; out-of-court settlements should be
encouraged; and there should be better pay for judges to attract the best talent
from among the legal profession. The Law Commission has also rightly suggested
that adjournments be resorted to only if absolutely necessary.

(Source: The Times of India, dated 30.12.2009)

(Note: The government is the biggest litigant. The
officials in all departments issue Show Cause Notices / Penalty Notices, even
for minor or technical infractions of law and file appeal against judicial
orders as a routine, without application of mind. There is no accountability on
the part of litigant officials. Litigation is used as a means to harass the
citizens and extract a price. The judiciary has commented upon this time and
again but to no avail. If frivolous litigation by the government stops, the
problem of backlogs would be sold substantially.)