By Dr CA Mayur B. Nayak, Editor
With several distinctive features, Bharat is also famous for prolonged, repetitive and frivolous litigations. In fact, one of the major impediments or deterrents to FDI and ease of doing business in Bharat is its time-consuming judicial system. Today, the Judicial system in Bharat is clogged with crores of pending cases, i.e., 4,46,05,238 as of 27th October, 20231 at the District and Taluka levels only, out of which more than one lakh cases are 30 years old, as per the National Judicial Data Grid. Majority of these cases (75.11 per cent) are criminal cases, and the balance are civil cases. The total number of cases pending at various High Courts is 61.66 lakhs, and at the Supreme Court, it is 0.79 lakhs. This shows how alarming the situation is.
In 2022, Former Chief Justice of India, Shri N. V. Ramana2 said, "It is a well-acknowledged fact that governments are the biggest litigants, accounting for nearly 50 per cent of the cases." Even though the exact number of cases where the Government is a party cannot be known in the absence of data, it is an accepted fact that the government is the biggest litigant in India. Recently, the division bench headed by the CJI of Delhi High Court, in the case of UOI vs. Kiran Kanojia3 and other appeals, observed that “the overwhelming majority of cases currently clogging the judicial system involve either the Cent
