Catch up time

Catch up time

The success achieved by four states and one union territory in reducing cases pending for over 10 years in lower courts to less than 1% of total pendency is a significant achievement. Together these five ¬ Haryana, Chandigarh, Punjab, Himachal Pradesh and Kerala ¬ have just 11,000 cases pending for over 10 years against a corresponding national pendency count of 22.72 lakh cases. Of these, Haryana, Punjab and Chandigarh are administered by the Punjab and Haryana high court. This is no overnight achievement but the result of unwavering focus over years.

For a decade, Punjab and Haryana HC has fixed annual targets and action plans for judicial officers to dispose of old cases and criminal cases where accused is in custody for over two years. The action plans also reveal how the HC is perfecting its processes by shifting from monthly to quarterly review of judicial officers' performance to curb malpractices like hasty disposal which undermine the quality of justice dispensed. Recent years also indicate a focus on narcotics related cases, a particularly trenchant problem in Punjab. This is how a dynamic justice system proves itself responsive to societal needs.

States like Assam, Madhya Pradesh, Andhra Pradesh, Karnataka and Delhi also recorded very low pendency of 10-year-old cases. The laggards ¬ Gujarat, Uttar Pradesh, Odisha, Bihar and Bengal ¬ have some catching up to do. It is possible that these states have the highest number of vacant posts, poor infrastructure, and judicial recruitment examinations that do not match the standards set by better performing states. In this context the national district judge recruitment examination mooted by Supreme Court to raise quality of district judges and dispel perceptions of irregularities in judge selection deserve consideration.

Incremental measures like restricting adjournments, curbing summer vacations, and audio-visual recording of court proceedings along with real-time data monitoring of case status will produce a transformative effect. Ironically, it is at higher courts where answers to judicial pendency remain to be found. 28% of cases (1.06 lakh) pending in Punjab and Haryana HC are over 10 years old. Most HCs are in a similar situation but the Centre-SC standoff has stalled judicial appointments and depleted high court strengths. When justice is delayed it creates incentives to break the law. For ordinary people, lower courts are the first stop for justice. By raising the bar they make the Indian state work as it should.