The Indian judicial system, has often acted as the protector of rights and freedom, but is currently facing a major crises of prolonged justice delivery. Justice delayed is an injustice to the people everywhere, as more time it takes to deliver justice more there are chances of justicebeing denied. It entails that if legal redress or equitable relief to an injured party is available, but is not displayed in a timely fashion, it’s effectively the same as having no remedy at all.[1]This expression holds profound significance, especially in India, where delays in the judicial process has made the public question about the foundation of fairness and equity in the judicial system.
Martin Luther King Jr. rightly said “A right delayed is a right denied”[2]which isclearly evident while keeping in mind the current scenario. In the recent times, the extensive backlogs, prolonged timelines and procedural inefficiencies witnessed across various tiers of the judiciary systemhas shook the foundational principles of the judiciary.
The long-standing problem of judicial delay continues to hamper the legal system, leaving a lasting impact on individuals, society, and the overall rule of law. Not overlooking the fact that the ramifications of this issue are wide and far-reaching, affecting the lives and livelihoods of crores of citizens. This articleexplores on an in-depth analysis to comprehend the causes for such delays, their implications on judiciary, and potential pathways to rectify the situationto ensure timely justice.
Constitutional Prespective Of Justice:
Justice is the backbone and objective of any cultivated society and nation. The discovery for justice has been an ideal in which humanity has been hopeful for generations down the line. Justice is an indigenous accreditation for running a legal as well as social institutions. In Indian Constitution, in its Preamble; defined and declared the common thing for its citizens as,” to secure to all the citizens of India, Justice-social, profitable and political.” Article 14 safeguards right to equality before the law and the equal protection of the laws to all the citizens of the country.[3]Preamble of the Indian Constitution itself reflects the aim and
aspiration of justice for mankind Under our Constitution division, sovereignty vested in the people. So we can legitimately boost people –acquainted with jurisprudence without any impediment to access to justice. The Preamble focuses on ensuring to all citizens Justice: social, economic and political. Even though it is challenging to give a precise meaning of the term justice, by and large, it can be stated that the idea of justice is equated with equity and fairness.
Causes For Justicedelayed Considering The Current State Of The Indian Judicial System:
- Pendency of cases:
- As per the National Judicial Data Grid dated in January 2024, the Supreme Court of India had 80,221 pending cases, [4]which clearly indicated the rise in the number of pending cases from January 2023 to 2024. When considering not just the Supreme court but all the courts across the country, the data on pending cases presents an alarming picture. The total number of pending cases in India is presently over 4.5 crore cases (approximately 4,56,37,337) across all courts, including both civil and criminal cases; with a significant portion of these cases being over a year old. Thesefigures present a bleak picture of a system stumbling to keep up with the growing caseload. The average time taken for the adjudication of cases in India is a cause for concern.
- Inefficient case management:
- Limited funding for the judiciary frequently results in outdated technology and inefficient case management systems, aggravating detainments. Hereby the courts are struggling to manage cases efficiently because there is a deficiency of modern tools which in return is accumulating to the backlog of cases and the re-occurring justice denied issues.[5]Numerous judicial systems struggle with a lack of adequate resources, including deficit in number of judges and court staff. This deficiency hinders the capability of courts to handle cases adequately.
- Complexed Judicial System:
- India has a complex judicial system. Cases go from subordinate court to the appellate courts, wherein new arguments are presented, new evidence comes to light, dates are given after a time lapse of a long period. Re-trials happen, and in this way, many years pass by, and sometimes even decades pass but no further proceedings have taken place. In the meantime, the lives of victims became distressed during their prolonged and never-ending fight for justice and about the inadequacies of our judicial system.
- In one of the leading case, J. Jayalalitha v. Union of India. [6] It was observed that the complaint against Jayalalitha that she had accumulated assets beyond her known sources of income was filed in June, 1996. After a year in June 1997, the first charge-sheet was filed. But the final verdict was delivered by the Supreme Court in February, 2017 that is, twentyyears after the charge sheet was filed. Though Jayalalitha was held guilty at that time, the verdict was given Jayalalitha had already left this world. This is one of a major instance where delay in justice leads to inefficient discharge of justice.
- Shortage of judges and staff:
- In year 2023, only 34 judges of the Indian Supreme Court presided over an estimated 70,000 cases, which points to the overwhelming backlog of judicial caseload. Demonstrating a population of over 1 billion, the Supreme Court and its lower courts face a substantial workload.Lack of adequate number of judges presiding to handle the large number of cases pending in courts is often cited to be one of the main reasons for justice delayed. It is essential to keep in mind that delays in the administration of justice, affect not only the rights of the accused, but also the rights of the victims.
- Overburdened courts and lack of adequate infrastructure:
- According to a report which was published back in 2024 by the Ministry of Law and Justice on the state of infrastructure in district courts across the country has hereby revealed significant deficiencies that are preventing the efficient and effective delivery of justice.[7] Shockingly, around 39% of judicial officers reported the absence of fire safety supplies within their courtroom premises. This denotes an implicit safety hazard, as courtrooms should have adequate measures in place to handle emergencies. The report concluded by stating that “The cornerstone of a strong and stable judicial system is sturdy infrastructure, which contemporaneously plays a vital role in the justice division process.”
Recommendations For Revival Of Justice:
- Judicial Reforms:
- Comprehensive judicial reforms are essential to address structural issues. Having judicial reforms includes increasing the number of judges and staff, improving court infrastructure, and adopting modern technologies to optimize the judiciary processes. This can also be achieved by increasing judge-to-population ratio and fast- track courts for specific cases.
- Initiating substantial legislative changes is a cornerstone in the quest of judicial reforms. Optimizing court procedures and reducing the scope for unnecessary adjournments can help in faster disposal of cases.
- Increasing Judicial Appointments:
- Accelerating the appointment process and filling existing judicial vacancies is crucial and pivotal as this would involve optimizing the collegium system and ensuring timely recommendations. It is also essential to streamline the current appointment procedures by fast-tracking the judicial appointment. This in return will help in avoiding unnecessary delays, reducing bureaucratic hurdles and ensuring timely approvals.
- Having a more transparent and robust system for judicial selection process will help in enhancing the judicial training of newly appointed judges to ensure their readiness to handle complex cases.
- Strengthening Judicial Infrastructure:
- A strong and well-equipped judiciary is fundamental to the effective administration of justice. With the view of strengthening judicial infrastructure, it is important to keep in mind that it involves addressing resource deficiencies, enhancing court facilities, and expanding the judicial workforce. Modernizing court infrastructure by digitalization of records, adapting to new technological advancement and enhanced funding for infrastructure.
- Adequate infrastructure ensures that the judiciary can handle the increasing caseload while delivering timely and fair verdict. Strengthening judicial infrastructure is a cornerstone for creating a responsive and robust legal system. [8]
Conclusion:
“Justice delayed is justice denied” has no longer remained a phrase but seeing the current scenario it has become a sad reality that affects countless individuals. It undermines the integrity and reliability of the legal system. In the quest of addressing the judicial delays, one needs to adapt to a more holistic approach, which in return involves judicial reforms, an increase in judicial appointments, and strengthening judicial infrastructure. Hereby it is to be noted that timely justice is not just a legal imperative but a moral one and henceit is crucial for maintaining public trust and the rule of law.
At present, the Indian judiciary stands at a crossroads.The prolongedlegal proceedings timelines, arising from the structural complexities, procedural complexities, and case backlogs, have far-reaching consequences that resonate to the main cause for such justice delays. It is essential to restore public confidence and ensure timely justice, by exploring innovative solutions, including seeking outside help.
By utilizing the expertise of external professionals, the judiciary can overcome its current challenges and pave the way for a more efficient and effective delivery of justice.By ensuring that justice is delivered promptly, we can uphold the principles of fairness and equity that are cornerstone of a fair society.In summation, the issue of delayed justice within the Indian judicial system stands as an obstaclethat threatens the very foundations of justice, equality, and the rule of law. It’s a wake-up call for the Indian judicial system to have prompt judicial proceedings and avoid prolonged delays.
Author Name- Sakshi Shah, LLB (General) 2nd year student at Jitendra Chauhan College Of Law.
