The Hindu Editorial Analysis, Close to half cases in HCs pending for over five years
The Hindu Editorial Analysis: The editorial analysis of The Hindu Newspaper Editorial Articles aimed at simplifying various concepts relevant to the UPSC and other State PSC Exams. The Editorial Analysis helps in expanding the knowledge base as well as framing better quality mains answers. Today’s Hindu Editorial Analysis of ‘Close to half cases in HCs pending for over five years’ tries to clear various aspects of rising cases pendency in Indian High Courts.
As per recently released India Justice Report 2022, roughly half of the cases in Indian High Courts have been pending for more than five years as of 2nd January 2023.
According to the India Justice Report 2022, more than 63% of cases were pending for over five years in the Allahabad High Court (Uttar Pradesh) and Calcutta High Court (West Bengal and A&N Islands). On the other hand, the High Courts in northeastern India such as Tripura, Sikkim, and Meghalaya had less than 10% of cases pending for over five years.
The backlog of cases in courts can be attributed to an issue of demand and supply.
While the number of cases being filed in courts is on the rise every year, the number of judges overseeing these cases remains stagnant or does not increase proportionately to match the increase in cases.
As of December 2022, High Courts across major Indian states had several unfilled judge positions.
As a result of this demand-supply mismatch, the clearance rate of cases in High Courts has been adversely affected.
The case clearance rate is determined by calculating the number of cases disposed of in a year against the number of cases filed in that same year.
In India, out of every 100 cases filed in 2022, only 95 were resolved that same year, resulting in a clearance rate of 95%, while the remaining 5% were added to the backlog. However, the clearance rate was lower during the pandemic years, with 83% in 2021 and 77% in 2020.
High Courts in Gujarat, Rajasthan, Himachal Pradesh, and Madhya Pradesh, which had a judge vacancy rate of over 40%, had clearance rates of around 80% or less. In contrast, even though Tripura and Manipur had relatively high vacancy rates (>40%), their clearance rates were over 100%, likely due to a lower influx of fresh cases.
While Analysing data on the average number of cases pending per High Court judge in 2017 and 2022, it was found that-
Promptly filling judicial vacancies is essential, but it is also important to explore alternative dispute resolution mechanisms as a means of reducing the burden on Indian Judicial System, especially the high courts.
Editorial Analysis: How to Deal With Pendency of Court Cases?
Case pendency refers to the number of cases that are pending in Indian High Courts at any given point of time. It is the time period between when a case is filed in a court and when it is resolved.
The major reasons behind the increasing pendency of cases in Indian High Courts include a shortage of judges, outdated legal procedures, delays in case hearings, and a lack of modern technology and infrastructure.
As per the India Justice Report 2022, the Rajasthan and Allahabad (Uttar Pradesh) High Courts have the highest pendency rates, while High Courts in northeastern India including Tripura, Sikkim, and Meghalaya had the lowest pendency rates.
The case clearance rate is the number of cases disposed of in a year, measured against the number of cases filed in that year. If courts resolve fewer than 100 out of every 100 cases they receive, the deficit contributes to the backlog, which in turn increases their pending caseload.
The COVID-19 pandemic has further increased the pendency of cases in Indian High Courts, as courts were unable to function at full capacity due to lockdowns and social distancing measures.
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