Why should simple cases go on and on and on ?
If there was more transparency things would improve.
It is not just shortage of judges, but the way unproductive procedures that are followed, that leads to delay.
It is really sad that , people are loosing faith in the system, but for want of any other option have to go to Court.
Modi ji has full majority, if he could bring the Digital India to the Courts , many problems will get sorted out more
a. which cases are to be digitized? - whether only active cases or all the cases irrespective of their status; in the first case, the data will be incomplete and in the case of the second, it is a humongous task to be undertaken;
b. many of the earlier cases are quoted during arguments phase and also during judgment phase; availability of the data of these cases will take time to be digitized;
c. different levels of computerization in different states could be an obstacle;
d who will verify the veracity of the cases and their judgements, after digitization?
e. availability of online data of cases could still be a greater challenge; however, it is good news that, details of some of the ongoing cases is available online.
Recently the supreme court has initiated steps to implement National Courts Management System; and through this, effective steps are proposed to be taken for speedy disposal of cases and also to implement the "measurable standards for the performance standards for Indian courts, addressing issues of quality, responsiveness and timeliness";
It is heartening to note that SC is seized with the matter and constructive steps are being taken to improve the judicial system of the country. more
"Global and national experience shows that the number of new cases filed into a judicial system increases with literacy and economic wealth (for example, Kerala, with a literacy rate of over 90%, has some 28 new cases per thousand population as against some 4 cases per thousand population in Jharkhand which has a literacy rate of some 53%).
As India’s literacy rate and per capita income increases the number of new cases filed per thousand population is likely to increase from the current rate of about 15 (up from roughly around 3 cases per thousand cases some three decades ago) to about 75 cases in the next three decades.
By this time India’s population should be about 1.5billion. This will mean that at least some 15 crores of cases may be filed into the judicial system each year by then. To achieve a ratio of 50 judges per million population, at 1.5 billion population, India will need to have 75,000 judges"
Against this, it is reported that we have only 16000 (circa 2012); cases are growing 12 fold and the number of judges growing much slower than that; more
I meant to say, imparting justice is important, but more important is people be deterred from filing fake cases. If a certain provision of law says 14 year imprisonment for the crime, then if fake case filed to misuse it, then the person filing such case should also get 14 year imprisonment. This can deter misuse of law to great extent.
Fear of the law can help bring transparency. Now everybody thinks of misusing it/ manipulating the provisions under law. more