• UGI USER
  • Jul 26, 2023
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Q. For the justice delivery system to work for the ordinary citizen, it is imperative that the issues affecting the functioning of the lower courts in India be urgently addressed. Discuss.

Approach:

  • Briefly explain the position of lower court in India’s judicial system and explain its functioning with the help of some data.
  • Discuss the issues plaguing the functioning of the lower courts in India.
  • Suggest some measures to improve their functioning
  • Conclude positively

Answer: 

India has a single integrated judicial system with the Supreme Court (SC) at the top and the lower  courts which act as the first reference point for most legal disputes, functioning under its  superintendence.

The 245th Law Commission Report indicated that the Indian judicial system is unable to provide  timely justice due to the huge backlog of cases. For instance, National judicial data grid shows  that nearly 2.8 crore (90% of all pending cases in the country) come from India’s lower courts  (district and subordinate courts).

Issues plaguing the functioning of the lower courts:

  • Insufficient number of judges:

Currently, the Judge to Population ratio is 10 to 1 million while the Law Commission report in 1987 recommended at least 50 to 1 million.

  • Lack of infrastructure:

There is a lack of basic courtroom facilities in the lower courts. Modernization and computerization have not reached them. Also, the budgetary allocations for  the whole judiciary is as low as 0.1% to 0.4% of the whole budget.

  • Low judicial quality in lower courts:

Lack of research and secretarial support adversely affects functioning in a timely manner and also the quality of lower court judgements.

• Archaic laws or vague drafting of laws:

Age old laws, faulty or vague drafting of laws and  their multiple interpretations by various courts have prolonged the litigation process.

• Malpractices by lawyers:

Most cases are delayed by stay orders (which is the reason for  pendency in around 46% of the cases) and inability to get witnesses to appear in courts.

Thus, the Judiciary gets overburdened and loses its efficiency. It is even argued that merely increasing the number of judges is not enough to tackle these issues. Following steps can be taken in  this regard:

  • Increase budget allocation:

This will be crucial to overcome infrastructure challenges and bring a fundamental shift in how the courts are administered.

  • Modernization and use of technology:

Initiatives such as the Case Information System supplemented with file-tracking and knowledge management systems can help courts achieve  an optimal level of functioning.

  • Courts for other matters:

Matters like traffic violations, check bounce etc. which account for a bulk of the cases can be dealt in evening and morning courts.

  • Alternative Dispute Resolution Mechanisms:

To settle disputes outside the courtrooms, mechanisms such as mediation, conciliation and arbitration through Lok Adalat, Gram  Nyayalaya, etc. should be encouraged.

  • Plea bargaining:

It will be helpful in expediting the cases and reducing pendency in lower courts.

There is a need to build the capacity of judges in lower courts by creating an All India Judicial  Service and enhancing trust in Judiciary. All these steps will help in improving the functioning and  performance of the judiciary in the country.