Editorial 1 : The vacation red herring
Introduction: As we begin this summer’s court break, the debate about how much time judges actually put in on the Bench has been rekindled by a casual remark from a member of the Prime Minister’s Economic Advisory Council, who said that judges work only for a few hours a day, take long vacations and need to modernise.
Factors responsible for the huge pendency of cases in Indian courts
1. There are unfilled vacancies in Indian courts
- For starters, there is the vexed question of too few judges.
- No state has its full complement of judges: Not in the high courts and not in our many lower courts.
- High court vacancies average 30 per cent but can touch nearly 50 per cent.
- Subordinate court vacancies average 22 per cent.
- But Bihar and Meghalaya clock in vacancies above 30 per cent — ongoing for over three years.
- According to the India Justice Report, as of June 2020, on average, a case remained pending in the subordinate courts for three years and in high courts, at 2022 figures, for five years.
2. India has lesser judges/million population than its peers
- Shortfall in judges is measured against “sanctioned” strength — the number designated as necessary, given the workload.
- However, as long ago as 1987, the 120th report of the Law Commission recommended there should be 50 judges per 10 lakh population.
- At just 15 judges per 10 lakh population nearly four decades later, even this hugely inadequate figure has not been reached.
- Meanwhile, each of India’s BRICs partners has way more judges to serve their populations.
3. Other structural and technical factors
- Several other factors contribute to the problem, including the types and complexity of cases each judge must deal with, and the stratagems used by lawyers to prolong trials for their clients’ advantage.
- Courtrooms are being built, but are still in short supply and too many in use are sub-optimal.
- Nationally, support staff shortages average 26 per cent. One court clerk or one typist missing anywhere means delay becomes inevitable, however diligent the judge.
- Uneven acumen in both language and learning at the bar and the bench leads to endless procedural delays while the mismatch between proficiency of language, clarity of argument and final outcome opens the door to ever more appeals.
- A permissive and perhaps collusive culture within the legal fraternity allows unjustified applications, endless adjournments and unmeritorious appeals to proliferate.
- Meanwhile, the great hope of technology remains hostage to slow and uneven adoption, erratic electricity, uneven bandwidth and user resistance.
Solutions to Reduce Court Backlog in India
- Reduce Government Litigation: Excessive government lawsuits clog the courts (roughly 50 per cent of the court load). Analyze government cases for cost-effectiveness and streamline processes.
- Pre-legislative Impact Assessment: Evaluate new laws for potential litigation burden before implementation. Draft clearer laws to minimize disputes.
- Professional Court Management: Create permanent court management teams led by qualified professionals to improve court efficiency and free judges for adjudication.
- Raise Entry Standards for Judges and Lawyers: Set higher qualifications for judges and lawyers to improve legal expertise and reduce procedural errors.
- Increase Investment in Justice Delivery: Allocate more resources to the judiciary to improve infrastructure, staffing, and overall efficiency. The India Justice Report estimates that the overall per capita spending on judiciary stands at less than Rs 150.
- Alternative Dispute Resolution: Encourage pre-trial mediation, Lok Adalats (people's courts), and specialized courts to handle specific cases and reduce the burden on regular courts.
- Streamline Procedures: Regularly review and update court procedures to eliminate unnecessary delays and bottlenecks.
- Prioritize Cases: Focus on resolving older cases and those involving liberty or potential harm to expedite justice.
Conclusion: The rising tide of litigation is often cited as one more reason for inescapable delay. Increased litigation is a natural consequence of economic growth and trust in legal systems. While it can lead to delays, careful planning can manage this influx, ensuring everyone's right to a fair hearing.
Editorial 2 : Before the next storm
Introduction: The creation of the National Disaster Management Authority (NDMA) in 2005, prompted by the 1999 Odisha super cyclone and the 2004 tsunami, was a timely decision. But the damage caused by landslides in the Northeast in the aftermath of cyclone Remal that hit the West Bengal coastline on Sunday night is the latest reminder of the urgent need to upgrade and overhaul the disaster management system.
What is The National Disaster Management Authority (NDMA)?
- NDMA is the apex statutory body for disaster management in India.
- The NDMA was formally constituted on 27th September 2006, in accordance with the Disaster Management Act, 2005
- Composition: Prime Minister as its Chairperson and nine other members, and one such member to be designated as Vice-Chairperson.
- Mandate: Its primary purpose is to coordinate response to natural or man-made disasters and for capacity-building in disaster resiliency and crisis response.
- It is also the apex body to lay down policies, plans and guidelines for Disaster Management to ensure timely and effective response to disasters.
- Vision: To build a safer and disaster resilient India by a holistic, proactive, technology driven and sustainable development strategy that involves all stakeholders and fosters a culture of prevention, preparedness and mitigation.
Changing Landscape of Disasters in India
- Increased Frequency and Intensity: Disasters, particularly extreme weather events, have become more frequent and severe in the last 20 years, likely due to climate change.
- New Threats Emerge: Previously unconsidered events, like extreme heat, are now posing significant threats.
- Rise of Multi-Hazard Disasters: The most concerning trend is the rise of cascading disasters, where one event triggers another, causing far greater destruction.
- Example: Multi-Hazard Disaster: Recent landslides in the Northeast were a multi-hazard event. Cyclone Remal's heavy rains triggered landslides in several locations, causing significant casualties.
Strengthening Disaster Management in India
- Empower Disaster Management Agencies: Allocate more resources and training to disaster management agencies to enable proactive response and preparedness.
- Focus on Mitigation: Minimize man-made disaster risks by regulating construction and incorporating disaster resilience into new and existing infrastructure projects.
- Promote Resilient Infrastructure: Leverage India's Coalition for Disaster Resilient Infrastructure (CDRI) expertise to develop and implement disaster-resistant infrastructure standards domestically.
Conclusion: The landscape of disaster in India is changing post NDMA formation. In this context, the Disaster management agencies too need to be empowered to play a more pro-active role. Little can be done to prevent natural events, but man-made influences like unregulated construction can certainly be minimised.