has one of the largest judicial system in the world with
over 30 million cases and sanctioned strength of 18871
judges. But it takes ages to decide a case because the unabated
practice of unnecessary adjournments as a matter of right
and liberally granted and further the Supreme court works
for 180 days in a year and half the year is wasted in holidays.
It is therefore no wonder that more than 53000 cases are
pending in SC court alone and around 4 million with High
courts and 23 million with lower courts.
In the next three
decades the pendency is believed
to increase fivefold and the judges
strength has to go up four times
to settle the pending cases and with not many people
nowadays aspiring for legal profession which is taken
as a last resort when they could not get an opening elsewhere
one could imagine the pressure on the judiciary.
Further the huge staff is employed only to oversee that
the documents produced confirms to the norms regarding
numbering, font, spacing, page margins with the result there is
inevitable delay in putting up the matter before the appropriate authority.
Where lies the solution? The practice of unnecessary adjournments should be aborted. Short dates must be given if the matter is adjourned due to absence of counsel or judge. Matter should be adjudicated on merits. Cost should be imposed on the wrong doer to compensate the difficulty caused to the other party and create deterrence for frivolous and unwarranted litigation. Contempt of court should be dealt not with a kid glove but with an iron hand. Revamping of the malaise in the present judicial system should be taken on top priority so that the aged, innocent and poor litigants are not put to sufferings.
R.K.Viswanathan