Delays in Indian Courts: Challenges and Solutions
Written by Shagun Suryam and Laveesh Bhandari, this analysis focuses on the chronic issue of delays in Indian courts and the economic impacts they generate. The delays are a massive hindrance in the legal system, contributing to economic drawbacks such as investment discouragement and increased business costs, and potentially affecting up to 1.5 to 2 per cent of India’s GDP.
Causes of Delays
- Poorly framed laws and inadequate staff.
- Insufficient infrastructure and outdated practices.
- Lack of professional administrative support, burdening judges with managerial tasks.
Efforts Towards Administrative Reform
Efforts to address administrative inefficiencies date back to the 13th Finance Commission (2010-2015), which recommended the establishment of a dedicated cadre of court managers to alleviate the burden on judges.
Implementation Challenges
- The initiative was allocated ₹300 crore, but only a small percentage (around 13%) was utilized.
- States like Haryana, Tamil Nadu, Punjab, and Rajasthan appointed Court Managers, yet only 128 positions were filled by 2015.
- Resistance from judges and unclear roles further hampered the initiative's effectiveness.
- Lack of professional exposure to judicial needs among appointees.
Recent Developments
The Supreme Court revisited the issue in May 2025, expressing concern over the non-implementation of earlier directions. It directed High Courts to update service rules, with state governments given a timeline for approval.
Path Forward
The creation of a robust, permanent cadre of court managers and the clear separation of judicial and administrative functions is crucial for reform. This would enable judges to focus on adjudication, maximizing the impact of other reforms like digitization.
Conclusion: The Supreme Court has provided a framework; the challenge now is for states and High Courts to institutionalize these changes sustainably.