The increase in the cases pending before the courts in India has been a cause of concern. So many conferences and seminars have been organised to talk it over. Many commissions were appointed to find a solution to the problem. Prime Ministers have expressed their concern at the mounting cases from time to time. Even the President has called for a change to the situation during his address to Parliament. Many legal experts have tried to solve the problem. Nothing worked.
This has been a major issue on agenda when chief justices and chief ministers meet. The central government has appointed so many commissions to seek means to solve the increase in the number of pending cases.
When I was the chief justice of the Gujarat High Court, we started a plan to set up mobile courts to ensure justice to the common man at their door steps. We started morning and evening courts too. Special courts were set up to decide on cases under the Negotiable Instruments Act. Many cases were settled by organising Lok Adalats at frequent intervals. The project that started in Gujarat was emulated in many parts of the country.
The Supreme Court has recently proposed the setting up of national appeal courts to make a final decision on civil and criminal cases. The issue is under the consideration of the Constitutional Bench.
Many countries have more than one supreme court though those countries have fewer cases than in India. Germany has six supreme courts to decide on different issues. There is a Supreme Court for constitutional affairs. In the United States, each state has a supreme court. The U.S. Supreme Court only handles matters related to the Constitution. We need a strong decision to bring down the number of cases pending before the Supreme Court and the high courts.
More than 3 crore cases are estimated to be pending before the lower courts in India. The judiciary is bogged down by the number of cases. To ensure speedier justice, we have to increase the number of courts and judges. The centre and the states have to take an initiative to bring more talented people to the judicial system. The Bar Council of India has to take measures to improve the legal education system in the country. Training and examinations have to be more efficient.
Judicial officers, lawyers and court officers have to work together to seek measures to make the system more efficient. Cases can be disposed of in a time-bound manner through time management, case management and the regulation of work flow.
We should not shy away from adopting modern methods like plea bargaining (whereby an accused pleads guilty for a less harsher punishment). About 90 percent of criminal cases in the United States are settled through plea bargaining, while a majority of civil cases are settled through compromises or mediation. The strengthening of the ADR system, which lays emphasis on mediation and compromise, will help judges dispose of cases faster.
