DMPQ: What are the possible reasons for the delay and pendency of cases in courts?( Polity)

According to a study there are atleast one million cases are pending in 6 High courts. The average life span of such cases is 3-10 years. The possible reasons for the delay and pendency of cases are:

  • Overloading of cases.
  • Economic and commercial cases are usually complex, require economic expertise in their handling and disposal, and hence require more judicial time.
  • Increased expansion of discretionary jusrisdictions by courts, without any countervailing measures that either balance the scope of other jusrisdictions or improve overall administration and efficiency.
  • HC’s over the period of time has transformed into courts of first rather than the last resort, and have consistently fused constitutional law and tort law, dissolving traditional distinctions between public and private law.
  • Due to the current procedure a civil suit takes more time in HC as compared to lower court.
  • Frequent use of the Special leave petition by the SC. According to a data Cases under SLP have increased from 25% in 2008 to nearly 40% in 2016. In contrast USA admits 3% of the cases.
  • Injunction of cases by court is another cause.
  • Capacity issues- vacancy, lack of infra etc.

 

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