Judicial Backlog in India
The legal system in India faces a significant challenge with a massive backlog of cases.
Status
The Supreme Court has approximately 82,000 cases pending, High Courts have over 62 lakh cases, and lower courts are dealing with close to five crore cases. Notably, nearly 50 lakh cases have been pending for more than a decade.
Causes of Backlog
- Adversarial System: India relies on an adversarial system where each case may involve multiple interim applications and appeals, contributing to delays.
- Judge-Population Ratio: India has only 21 judges for every million citizens, one of the lowest ratios globally.
- Government Involvement: The government is a party in nearly half of the cases, often leading to increased litigation.
Challenges in Judicial Reform
- Infrastructure and Resources: There are shortages in infrastructure, financial, and human resources needed to support the judiciary.
- Reform Initiatives: Although there are initiatives for reform, they often lack the prominence needed for meaningful change.
Alternative Dispute Resolution: Mediation
Mediation emerged in the 1990s and gained traction in 2005 as a viable alternative to litigation. It allows disputants to resolve issues with the help of a trained neutral in a confidential setting, aiming for practical and mutually acceptable solutions.
Benefits of Mediation
- Cost-effective: Mediation is significantly less expensive than litigation for both the parties and the judicial system.
- Time-efficient: Most mediation cases require only a few sessions, unlike the prolonged litigation processes.
- Relationship Restoration: Mediation often helps restore relationships between parties, offering more than just a practical solution.
Potential for Reducing Backlog
The backlog of cases in the judicial system can be transformed into opportunities for mediation. A systematic approach to identifying cases suitable for mediation and assigning experienced mediators can help alleviate the burden on the judiciary.
Conclusion
The current backlog in the Indian judicial system, while daunting, presents an opportunity for adopting mediation as a standard practice. By leveraging mediation, the legal system can not only expedite case resolution but also offer more amicable solutions, thus reducing the burden on courts and enhancing the overall justice delivery system.