Justice delayed is justice denied” is a legal maxim meaning that if a legal remedy is available for a party that has suffered some injury, but is not forthcoming promptly, it is effectively the same as having no remedy at all. Many Chief Justices, Judges of the Supreme Court, the High Courts, The Law Ministers, the Law Commission, the media, the great writers and thinkers have all lamented over the delay in the dispensation of justice. The inordinate delay in the provision of relief amounts to the virtual denial of any relief found in number of cases. 

According to reports, India has millions of pending cases whereas at the same time there is lack of Manpower. The foremost reason behind the delayed justice or heavy pendency of cases are deficiency of the no. of judges and lack of courts. As of March 25, 2020,  The total cases pending was 3.68 crore which has now increased due to the pandemic to 4.4 crore. The district and subordinate courts have been the worst affected with total pending cases increasing from 3.2 crore to 3.8 crore during the last one year. 

There has been a long demand over the desirability of quicker dispensation of justice and dealing with the arrears of cases pending in courts. Several tangible solutions were tried and implemented over a period of time, to reduce or lessen the pendency in the courts. To lessen the burden of ordinary courts, different types of courts like Consumer Courts, the Administrative Tribunals, Family Courts, Lok Adalats and Fast track Courts have been set up in recent years. Though with the setting up of these courts, a number of cases have been disposed off but still millions of cases are pending in various Courts even as on date. 

The Indian Judiciary can resolve this concern- 

• By setting ADRs (Additional Dispute Resolutions) so the workload of courts can be decreased. 
• Bring in Tribunals and quasi judicial bodies. 
• By simplifying the procedure, for a speedy trial. 
• Increasing the function of Information Technology in the Judicial System. 

• By establishing courts as per the cases. 
• Increasing the number of judges from lower to the top level. 
• By taking steps towards e-courts. 

“It’s deliberate negligence from government that has pushed the judiciary into such a state of scarcity,” says eminent jurist Ram Jethmalani. 

This is high time that the Indian Judiciary should take into consideration this matter. Delayed justice is one of the causes behind prevalent corruption in the country. Sufficient, reasonable and due hearing of every cases with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience but delaying the same for a long time should not be an excuse.  

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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