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State PCS



Sambhav-2025

  • 11 Feb 2025 GS Paper 2 Polity & Governance

    Day 62:The increasing backlog of cases in the Supreme Court has raised concerns about access to justice. What structural and procedural reforms are needed to enhance the efficiency of the Court? (250 words)

    Approach

    • Briefly highlight the issue of the increasing backlog of cases in the Supreme Court.
    • Mention the causes of Case Backlog.
    • Discuss the structural and procedural reforms needed.
    • To conclude, summarize the importance of judicial efficiency for ensuring access to justice.

    Introduction

    The increasing backlog of cases in the Supreme Court of India has raised serious concerns about access to justice. In 2024, over 80,000 cases were pending in the apex court, with around 500 Constitution Bench cases yet to be heard. The judiciary's inefficiency in timely disposal of cases undermines the principle of "justice delayed is justice denied."

    Body

    Causes of Case Backlog

    • High Volume of Appeals
      • The Supreme Court handles more than 70,000 cases annually, with many being Special Leave Petitions (SLPs) under Article 136 of the Constitution.
      • Many appeals involve routine matters that could have been resolved at the High Court level.
    • Shortage of Judges
      • The sanctioned strength of Supreme Court judges is 34, which is inadequate given the high caseload.
      • At times, there were few vacancies in the sanctioned strength, further slowing judicial proceedings.
    • Lack of Judicial Accountability: The absence of a robust mechanism for ensuring judicial accountability has been a point of concern, potentially affecting public trust in the judiciary.
      • The proposal for a National Judicial Appointments Commission (NJAC) to replace the collegium system was struck down by the Supreme Court in 2015, leading to ongoing debates about judicial independence versus accountability.
    • Judicial Overreach and Activism: The fine line between judicial activism and overreach continues to be a subject of debate.
      • On a PIL about road safety, the Supreme Court banned the Sale of Liquor, at retail shops, restaurants, bars within 500m of any national or state highway.There was no evidence presented before the court that demonstrated a relation of ban on liquor on highways with the number of deaths.
    • Procedural Inefficiencies
      • Frequent adjournments and long oral arguments delay case disposal.
      • Many cases remain pending due to delays in filing responses, evidence collection, and procedural loopholes.
    • Constitutional Bench Cases and Complexity
      • Cases involving constitutional interpretation take a long time to be resolved.
      • Example: The Sabarimala case (2018) is still under review, delaying a final judgment.
    • Limited Use of Technology
      • While virtual hearings were introduced during the pandemic, their usage has declined.
      • According to the e-Committee of the Supreme Court of India, as of November 22, 2022, around 12 billion pages, mostly comprising legacy records of disposed cases, need to be digitally preserved.

    Structural Reforms Needed

    • Establishment of a National Court of Appeals
      • A separate National Court of Appeals (NCA) can handle routine appeals, allowing the Supreme Court to focus on constitutional matters.
      • This was recommended by the Law Commission of India (1986) and has been proposed multiple times.
    • Increasing the Number of Judges
      • The Parliament should increase the Supreme Court’s strength to at least 50 judges to match case demand.
      • The 239th Law Commission Report (2019) suggested appointing more judges to deal with the rising caseload.
    • Decentralization of the Supreme Court
      • Regional benches in Delhi, Mumbai, Chennai, and Kolkata can reduce travel and litigation costs for litigants from distant states.
      • This was recommended by Justice Jaswant Singh Commission (1984) but has not been implemented.
    • Strengthening Lower Judiciary
      • More than 4.3 crore cases are pending in District and High Courts.
      • If lower courts function efficiently, fewer cases will reach the Supreme Court.

    Procedural Reforms for Efficiency

    • Restricting Special Leave Petitions (SLPs)
      • Currently, most of the SLPs are rejected after preliminary hearings.
      • The Supreme Court should hear only cases of national and constitutional significance.
    • Implementation of AI-Based Case Management
      • AI-driven tools can assist in case scheduling, cause-list generation, and predictive analytics for faster disposals.
      • Example: AI-powered transcription was used in the Supreme Court for real-time case recording in 2023.
    • Fast-Track Mechanism for Certain Cases
      • Cases related to fundamental rights, economic laws, and corruption should be prioritized.
      • Example: The Electoral Bonds Case (2024) took five years to conclude, despite its urgency.
    • Limiting Adjournments
      • Adjournments should be restricted to a maximum of two per case, except in extraordinary situations.
      • The V. Vasanthakumar v. H.C. of Madras (2017) case highlighted how frequent adjournments delay justice.
    • Strengthening Alternative Dispute Resolution (ADR) Mechanisms
      • Mediation, Lok Adalats, and arbitration should be mandatory for civil disputes before reaching the Supreme Court.
      • Example: The Commercial Courts Act (2015) made pre-litigation mediation compulsory for business disputes.

    Conclusion

    The Supreme Court's backlog hinders its ability to deliver timely justice. A combination of structural, procedural, and technological reforms can enhance efficiency. By expanding judicial strength, decentralizing benches, limiting unnecessary appeals, and integrating AI-driven case management, India can ensure that the Supreme Court remains an effective guardian of constitutional rights and justice.

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