DELAY IN THE JUSTICE DELIVERY SYSTEM OF INDIA: WITH

SPECIAL REFERENCE TO THE MOVIE ‘COURT’.

Submitted by

Aishwarya R Geddada

Reg. No. BA0150004

Under the Guidance of

Ms. Nikita Patta Joshi

Assistant Professor

TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu – 620 009

MARCH – 2017

1
 CONTENTS
Introduction

Research Objectives

CHAPTER I: DELAY IN THE JUSTICE DELIVERY SYSTEM-

VIOLATION OF FUNDAMENTAL RIGHTS AND ART. 39 A.

I(1): Delay in the delivery of justice- how is it a violation of:

I(1.1) Art. 21………………………………………………….……

I(1.2) Art. 39 A…………………………………………………….

- I(1.2.1) Statute………………………………………………
- I(1.2.2) Explanation…………………………………………
- I(1.2.3) Lok Sabha Debates on Constitutional
Amendments………………………………………..

I(2): Difference between delay, pendency, arrears

and backlogs…………………………………………………………

I(3): Statistical analysis of pending cases

in various Courts in India- …………………………………………..

CHAPTER II: ‘COURT’

II(1): About the movie……………………………………………..

II(2): Plot Summary………………………………………………….

II(3): Movie review w.r.t the topic…………………………………..

Chapter III: CAUSES

III(1): Introduction…………………………………………………..

III(2): Findings of the Law Commission of India in

various reports …………………………………………………………

III(3): Judge’s Point of View…….……………………………………

2
III(4):Political factors causing delay in the Judiciary………………….

Chapter IV: IMPLICATIONS

IV(1): Introduction…………………………………………………….

IV(2): Implications of the delay in the delivery of Justice…………….

IV(3): Miscarriage of Justice: Landmark cases known

for the undue and unjust delay………………………………………….

Chapter V: REDRESSAL MECHANISMS AND THEIR EFFECTIVENESS

V(1): Tackling the issue: Steps taken by the SC………………………..
V(2): Remedies and Alternative Strategies……………………………...
 V(2.1): ADR system in India……………………………………..
 V(2.2): Gram Nyayalayas………………………………………...
 V(2.3): Lok Adalat…………………………………………….....
 V(2.4): Mobile Courts……………………………………………
 V(2.5): Nyaya Panchayats………………………………………..
 V(2.6): Fast Track Courts…………………………………………

Chapter VI: CONCLUSION

VI(1): Critical Analysis………………………………………………….
VI(2): Recommendations (Based on personal observations
during internships at various Courts) ………………………..................
VI(1): Concluding Remarks……………………………………………..

Bibliography…………………………………………………………….

3
 CONSTITUTIONAL LAW- II

DELAY IN THE JUSTICE DELIVERY SYSTEM OF INDIA: WITH

SPECIAL REFERENCE TO THE MOVIE ‘COURT’.

INTRODUCTION:

Justice is the foundation and object of any civilized society. The quest for justice has been an
ideal which mankind has been aspiring for generations down the line. Justice is a
constitutional mandate.1
What exactly is ‘delay in the justice delivery system’?

Delay in the Justice delivery system is a situation when legal redress is available for a party
that has suffered some injury, but is not forthcoming in a timely fashion. It is effectively the
same as having no redress at all. This principle is the basis for the right to a speedy trial and
similar rights which are meant to expedite the legal system, because it is unfair for the injured
party to have to sustain the injury with little hope for resolution.

Delay in the Justice Delivery System:- a long-standing conundrum.

The problem of delay in the justice delivery system in India Law Courts is not a recent
phenomenon. Several commissions and Committees have dealt with the problems and
subsequently submitted their reports. However there never has been a permanent solution and
the problem of delayed disposal of cases prevails till date. Although the number of pending
cases has dropped from time to time over the years, the problem is not being curbed or
mitigated.

Of late, this problem has only assumed gigantic proportions and has the dual ill-effect of not
only putting a severe strain on the Judiciary but has also shaken the confidence of the people
on the Judiciary to render adequate and timely justice.

Delay in justice administration is the biggest operational obstacle which has to be tackled on
a war footing. As Justice Warren Burger, the former Chief Justice of the American Supreme
Court observed in the American context, “The harsh truth is that we may be on our way to a
society overrun by hordes of lawyers, hungry as locusts, and bridges of judges in numbers
never before contemplated. The notion that ordinary people want black-robed judges, well-

1
Justice S.B. Sinha, Judicial Reform in Justice Delivery System, (2004) 4 SCC (Jour) 35.

4
dressed lawyers, fine-panelled courtrooms as the setting to resolve their disputes is not
correct. People with legal problems like people with pain, want relief and they want it as
quickly and inexpensively as possible.”2
Several Courts have held that the parties must not waste the Court’s time and if possible,
resolve the problem using alternate methods of disposal like ADR, mediation etc. In ONGC
v. Collector of Central Excise3, (ONGC I) there was a dispute between the public sector
undertaking and Government of India involving principles to be examined at the highest
governmental level. The Court held that it should not be brought before the Court wasting
public money any time.
In ONGC v. Collector of Central Excise, (ONGC II)4 dispute was between govt.
department and Public sector undertaking. It was held that public undertaking is to resolve
the disputes amicably by mutual consultation or through good offices empowering agencies
of government or arbitration avoiding litigation. Government of India directed to constitute a
committee consisting of representatives of different departments to monitor such disputes and
to ensure that no litigation comes to court or tribunal without the Committee’s prior
examination and clearance. The order was directed to communicate to every High Court for
information to all subordinate courts. In Chief Conservator of Forests v. Collector5 (ONGC
I AND II) were relied on and it was said that state/union government must evolve a
mechanism for resolving interdepartmental controversies. Disputes between departments of
Govt. cannot be contested in court.
The issue of delay in the administration of justice cannot be ignored anymore as the former
Chief Justice of India, Justice T.S Thakur, in 2015, broke down in front of the Prime Minister
while addressing the audience at the inauguration function of a Joint conference of Chief
Ministers and Chief Justices of High Courts. A demure person by nature, the entire nation
watched in shock as the Chief Justice felt too overwhelmed and broke down on National
television. Justice Thakur was most vexed about India's overworked judiciary and bemoaned
that the common man's faith in the justice system was at an all-time low.

2
Justice S.B. Sinha, Judicial Reform in Justice Delivery System, (2004) 4 SCC (Jour) 35.
3
1992 (2) SCC 432.
4
1995 (4) SCC 541.
5
(2003) 3 SCC 472.

5
 RESEARCH OBJECTIVES

1. Whether the Indian Judiciary is providing equitable and speedy justice as

enshrined U/A 39-A and Article 21 of the Constitution of India.
2. The causes and the implications of the delay in the Justice delivery system in
India
3. The redressal mechanisms in place at present, and their effectiveness.

6
CHAPTER I: DELAY IN THE JUSTICE DELIVERY SYSTEM-
VIOLATION OF FUNDAMENTAL RIGHTS AND ART. 39 A.

I(1): DELAY IN THE DELIVERY OF JUSTICE- How is it a violation of:

I(1.1): VIOLATION OF ARTICLE 21- A Fundamental Right.

Article 21: Protection of Life and Personal Liberty- “No person shall be deprived of his
right to Life and Personal Liberty, except according to procedure established by Law.”6

Part III of the Constitution of India talks about Fundamental rights enjoyed by every citizen
and Article 21 falls under the ambit of Part III. With respect to Delay in the Justice delivery
System, the Supreme Court has reaffirmed the importance of speedy trials, interpreting it as a
right enshrined in Article 21 (right to life) in Abdul Rehman Antulay v. R.S. Nayak. 7

The Hon’ble Court in Imtiyaz Ahmad vs State of Uttar Pradesh & Ors8 held that, “Where
investigation/trial is stayed for a long time, even if the stay is ultimately vacated, the
subsequent investigation/trial may not be very fruitful for the simple reason, that evidence
may no longer be available. Witnesses may not be able to recall the events properly, and
some may have moved away or even died. Even the parties to the litigation may not survive.

Unduly long delay has the effect of bringing about blatant violation of the rule of law and
adverse impact on the common man's access to justice. A person's access to justice is a
guaranteed fundamental right under the Constitution and particularly Article 21.

Denial of this right undermines public confidence in the justice delivery system and
incentivises people to look for short-cuts and other for a where they feel that justice will be
done quicker. In the long run, this also weakens the justice delivery system and poses a threat
to Rule of Law.

It was held that delay in conclusion of criminal matters signifies a restriction on the right of
access to justice itself, thus amounting to a violation of the citizens' rights under the
Constitution, in particular, under Article 21.”

6
Article 39A, The Constitution of India, 1950.
7
(1992), 1 SCC 25.
8
(2012) 2 SCC 688

7
The foundation of this fundamental right lies in the Supreme Court judgement in Hussainara
Khatoon v. State of Bihar9 where Justice Bhagwati observed, “No procedure which does not
ensure a reasonably quick trial can be regarded as ‘reasonable, fair or just’ and it would fall
foul of Article 21 of the Constitution. There can, therefore, be no doubt that speedy trial and
by speedy trial we mean reasonably expeditious trial, is an integral and essential part of the
fundamental right to life and liberty enshrined in Article 21. The question which would,
however, arise is as to what would be the consequence if a person accused of an offence is
denied speedy trial and is sought to be deprived of his liberty by imprisonment as a result of a
long period of time and convicting him after such trial would constitute violation of his
fundamental right under Article 21.”10
In H.M Hoskot v. State of Maharashtra11, the Court held that along with ‘Legal aid’,
‘speedy trial’ is also a part of Fundamental rights as enshrined under Article 21 of the
Constitution, which was in fact available even to prisoners and enforceable in all Courts.

I(1.2): ARTICLE 39 A – EQUAL JUSTICE AND FREE LEGAL AID

I(1.2.1): STATUTE
39A. Equal justice and free legal aid.—“The State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disabilities.”12
I(1.2.1): EXPLANATION
Article 39 A is a part of the Directive Principles of State Policy under part IV of the
Constitution of India. This Article was inserted into the Constitution of India through the 42nd
Amendment Act (1976)13. Article 39 A was added pursuant to the new policy of the
Government to accentuate the socialistic basis of the Constitution.

9
AIR 1979 SC 1322
10
AIR 1979 SC 1369.
11
AIR 1978 SC 1548

12
Article 39A, The Constitution of India, 1950.
13
Basu, D.D., Introduction to the Constitution of India, Lexis Nexis, 21st Edition, 2013.p 157

8
In Centre of Legal research v. State of Kerala14 it has been held that in order to achieve the
objectives of Article 39 A, the State must encourage and support the participation of
voluntary organizations or social action groups in operating the legal aid programme. Such a
programme cannot and should not be limited to the traditional or litigation oriented
programme but it must take into account the socio economic conditions prevailing in the
Country and adopt a more dynamic approach.

I (1.2.3): LOK SABHA DEBATES ON CONSTITUTIONAL

AMENDMENTS15:

Shri H.R Gokhale: (The Minister of Law Justice and Company Affairs)
“I do not know how any provision of a legal aid scheme, if it is not free, can be made for
giving effective assistance. If it is not free assistance it will take away the whole thrust of this
article. It must be free; It must be something which is expeditious. It should be adequate and
effective.”16
Using H.M Hoskot v. State of Maharashtra17, V.R. Krishna Iyer stated that this Article is
an interpretative tool for Article 21.

I(2): DIFFERENCE BETWEEN DELAY, PENDENCY, ARREARS AND

BACKLOGS.
A demarcation has to be made between delays, pendency, arrears and back logs- while
pendency denotes the total number of cases pending and the faith in the Indian judiciary,
arrears are an excess of new cases over disposed cases. Arrears contribute to delays. Delays
are old cases that are not disposed of. The word backlog is sometimes used in the sense of
pendency and sometimes in the sense of delays.18

14
AIR 1986SC 1322
15
1-09-1976, Lok Sabha Debates, vol. LXIV, No. 16, cc, 13-40
16
Pal Samaradutya, India’s Constitution: Origins and Evolutions, Volume 3- Articles 29-51 A, Lexis Nexis,
2015. pp. 794-795
17
AIR 1978 SC 1548
18
Bibek Debroy, Justice Delivery in India- A snapshot of problems and reforms,
https://www.isas.nus.edu.sg/ISAS%20Reports/47_WP.pdf. Accessed on 15.03. 2017

9
I(3): STATISTICAL ANALYSIS OF PENDING CASES IN VARIOUS
COURTS IN INDIA

Data on pendency of cases is maintained by the Supreme Court and High Courts. As per the
information made available by the Supreme Court of India, details of civil and criminal cases
pending in the Supreme Court of India; and civil and criminal cases pending for more than 10
years in the Supreme Court of India; and number of cases disposed of by the Supreme Court
of India during the last three years and the current year are as under:19

Number of Pending Number of Cases pending Number of Cases disposed during

Cases as on for more than 10 years up to last three years and current year upto
19.02.2016 19.02.2016. 19.02.2016
Civil Criminal Civil Criminal 2013 2014 2015 2016
48,418 11,050 1,132 84 40,189 45,042 47,424 6,054

As per information made available by High Courts, details of pending cases in High
Courts and District and Subordinate Courts are as under:-

Number of Pending Number of Cases Number of Pending Number of Cases

Cases in High pending for more than Cases in District and pending for more than
Courts as on 10 years in High Courts Subordinate Courts 10 years in District and
31.12.2014 as on 31.12.2014 as on 31.12.2014 Subordinate Courts as
on 31.12.2014
Civil Criminal Civil Criminal Civil Criminal Civil Criminal
3116492 1037465 589631 187999 8234281 18254124 611658 1432079
The details of cases disposed of during 2012, 2013 and 2014 by the High Courts and
District / Subordinate Courts are given in the Statements at Annexure – I and Annexure –
II respectively.

Some of the main factors responsible for pendency of cases in courts are increasing number
of state and central legislations, accumulation of first appeals, continuation of ordinary civil
jurisdiction in some of the High Courts, vacancies of Judges, appeals against orders of quasi-
judicial forums going to High Courts, number of revisions / appeals, frequent adjournments,

19
http://pib.nic.in/newsite/PrintRelease.aspx?relid=137291. (Accessed on 18.03.2017).

10
indiscriminate use of writ jurisdiction, lack of adequate arrangement to monitor, track and
bunch cases for hearing.
The Chief Justices’ Conference held on 03rd and 04th April 2015 has resolved that each High
Court shall establish an Arrears Committee to clear the backlog of cases pending for more
than five years. As per information available, Arrears Committees have been set up in the
High Courts of (i) Allahabad, (ii) Bombay, (iii) Calcutta, (iv) Chhattisgarh, (v) Delhi, (vi)
Himachal Pradesh, (vii) Jammu & Kashmir, (viii) Jharkhand, (ix) Kerala, (x) Madhya
Pradesh, (xi) Madras, (xii) Manipur, (xiii) Meghalaya, (xiv) Orissa, (xv) Patna (xvi) Punjab &
Haryana, (xvii) Sikkim, (xviii) Tripura, and (xix) Uttrakhand.20

CHAPTER II: REVIEW OF THE MOVIE ‘COURT’

II(1) ABOUT THE MOVIE:

This satirical Courtroom drama illustrates the deeply ingrained prejudices that breed skewed
notions of sedition and national interest. The movie very closely resembles an actual Court
proceeding in India and very cleverly brings to fore the lumber some legal system, that is ill-
equipped if not altogether disinclined to serve those who seek justice.

II(2) PLOT SUMMARY:

The protagonist of this 115 minute long film, Narayan Kumble, is a man well into his 60’s
and is a social activist who creates awareness among the public about various issues plaguing
the society through street plays and song performances. The movie begins when he is arrested
u/s 309 of the IPC for allegedly abetting the suicide of a manhole worker through a song that
he sang about manhole workers committing suicide as matter of honour.

While looking at the Judicial side of things, this movie also portrays the life of the Lawyers
involved in the case, outside the Court rooms, which immediately helps build a connect with
the audience.

The movie gives an objective picture of Court proceedings of the case and takes the audience
through a linear narration of how the protagonist seems to get himself into the bad books of
the cops, almost always. Just after coming out on bail he is once again arrested on charges of

20
http://pib.nic.in/newsite/PrintRelease.aspx?relid=137291. (Accessed on 18.03.2017).

11
sedition. While the case is going on, his health deteriorates and the movie ends on a note of
the case being adjourned.

II(3) ‘COURT’ & DELAY IN THE JUSTICE DELIVERY SYSTEM:

This movie very poignantly portrays the dismal condition of the Indian Courts. While the
movie brings to light the cumbersome procedures and red-tapism practiced in Courts in India,
there are a lot of underlying social messages subtly strewn about throughout the movie.

LEGAL ISSUES:

1. Search conducted in the Narayan Kumble’s house without a warrant and in the
presence of a minor: This act by the Police shows how much arbitrariness is there in
the investigation procedure. In India, it is almost a norm for Police officers to ill- treat
the lower middle class population. They hardly go by prescribed procedures and in
some cases, even man handle them.
2. Misinterpretation of the letter between alleged extremist prisoner Ashwin Bhagat and
Narayan Kumble: The Police officials come to a baseless conclusion about the
correspondence between the protagonist and Ashwin Bhagat, a convict. Without
sending the letter to the Intelligence Department, the Police officers arrest Narayan
Kumble.
3. Lengthy period of time between each hearing date: Not only in the movie, in real
life as well, the time given between each hearing date is wide and in most cases,
completely uncalled for. Although in some cases this delay can be justified since the
Lawyers need time to prepare/ research on their case and in some cases the witnesses
might genuinely have some emergency. However even in cases where there is mutual
agreement between the parties to settle, Courts take a long time to settle the dispute.
4. Use and interpretation of archaic and Draconian laws: The Legislature is to blame
here. The sedition charges filed against the protagonist are so out dated and pointless
as it was a law that came into being during the Colonial period in India, when they
tried to actively supress the Nationalist Movements. Existence of such archaic and
Draconian laws even 69 years after Independence shows how regressive our laws are
and contributes a lot to the inefficiency of the Judiciary.
5. Judge’s attitude towards Sharmila Parmar (w/o deceased, Vasudev Parmar): During
the interrogation of the wife, the Judge presiding over the case questions her in a very

12
 gruff manner. Given the death of her husband, she would be in too fragile a state to
answer questions properly. In reality also, witnesses are interrogated in a very crude
manner.
6. Interrogation of Sharmila Parmar about husband’s mental health: In the scene where
she was interrogated, she fails to understand the meaning of mental capacity. The
Judge steps in and explains mental capacity in a very ambiguous manner, based on
which she answers. Granted that a witness, being a common man in most cases won’t
know legal concepts, however care must be taken to ensure that the person being
interrogated is fully made aware of a concept that they have to answer questions on.

SOCIAL ISSUES:

1. Shows the abysmal life that manual scavengers lead- considering that the practice of
manual scavenging has been banned. While examining the nature of the death of the
deceased, Vasudev Parwar, it came to fore that he was not provided with any sort of
safety equipments to clean the drainage. He had to depend on very crude practices
like consuming copious amounts of alcohol and throwing stones into the drain to
check the presence of rodents etc.
2. Moral policing by the Judge: The judge who handles the protagonist’s case refuses to
hear a particular case because he feels that the party has dressed obscenely. Such
moral policing exists in our Judicial system, especially in rape cases, where women
are judged extensively for their social/ educational and cultural background without
any reason. The infamous Park Street rape case is a perfect example of that.

This movie very strikingly highlights the discrepancies in the Indian Judicial system.

Chapter III: CAUSES FOR THE DELAY IN THE JUSTICE DELIVERY

SYSTEM IN INDIA:

III (1) Introduction

Over the years, several studies have been undertaken by the Law Commission and various
organizations and it has been deduced that the most common causes of delay in the Justice
delivery system can be attributed to the cases being abysmally disproportionate to the number
of judges, case over loading on judges, redundant processes and paper work, rigid rules and
red-tapism in procedures, malpractices by lawyers, lack of a reliable data base and

13
disconnectedness from other Courts, to name a few. Although some solutions have been
identified and implemented, this section will seek to study the causes and effects of the delay
in delivering justice.

For several decades together now, the Parliament appears to have ignored the problem of
arrears before the court. It has busied itself with decisions made by the Courts, especially
those made by the Supreme Court, rather than the sheer volume of cases which are yet to be
decided and whose determination was being postponed.

III(2) DELAY IN JUSTICE DELIVERY SYSTEM: FINDINGS OF THE LAW

COMMISSION OF INDIA.

The maiden serious attempt to consider the problems of the Supreme Court was made by the
Law Commission of India in its Fourteenth Report21 in 1958. But the Fourteenth Report made
some useful piecemeal suggestions while going no further. Since then the policy of the
government has been to increase the number of judges in the Supreme Court. This was done
in 1956, 1960 and again in 1978.22

Meanwhile the Law Commission in successive reports from 1970 to 1974 suggested that the
overall pattern of jurisdiction in civil and criminal matters should be to send a case to the
Supreme Court only when there is a substantial question of law of public importance which
needs to be decided by the Supreme Court. This advice was followed with respect to civil
appellate jurisdiction in the Thirtieth Constitution (Amendment) Act, 1972. These principles
have not been applied in criminal matters where the jurisdiction of the Supreme Court was
increased in 1970. 23

Recent attempts to look at the problem of arrears have by and large, consisted of symbolic
statements expressing the views that arrears must be done away with. The resolution of the
arrears problem has become a political question and it is not surprising that it is being dealt
with in a political way. But as time passes, arrears are piling up.

21
1st Law Commission of India, 14th Report- 1958 Reforms of Judicial Administration
22
Bibek Debroy, Justice Delivery in India- A snapshot of problems and reforms,
https://www.isas.nus.edu.sg/ISAS%20Reports/47_WP.pdf. Accessed on 15.03. 2017.
23
Ibid

14
The 14th, 27th, 41st, 54th, 58th, 71st, 74th, 79th, 144th and 154th reports are on delays. The
new Code of Criminal Procedure (1973) emerged as a result of some of these reports.24

These committees and commissions have examined the issue of speedy disposal of
criminal cases, such as the Rankin Committee (1924), the High Court Arrears Committee
(1949), the Shah Committee (1969), the Trevor Harris Committee in West Bengal (1949), the
Wanchoo Committee in Uttar Pradesh (1950), the Satish Chandra Committee (1986) and the
Arrears Committee (1989-90). It is difficult to add to the list of causes identified, not just for
criminal cases, by the Arrears Committee, or the Malimath Committee25. An over view of the
reasons behind the delay in the administration of justice26:
 Litigation explosion;
 Radical change in the pattern of litigation;
 Increase in legislative activity;
 Additional burden on account of election petitions;
 Accumulation of first appeals;
 Continuance of ordinary original civil jurisdiction in some High Courts;
 Inadequacy of judge strength;
 Delays in filling up vacancies in High Courts;
 Unsatisfactory appointment of judges;
 Inadequacy of staff attached to High Courts;
 Inadequacy of accommodation;
 Failure to provide adequate forms of appeal against quasi-judicial orders;
 Lack of priority for disposal of old cases;
 Failure to utilise grouping of cases and those covered by rulings;
 Granting of unnecessary adjournments;
 Unsatisfactory selection of government counsel;
 Population explosion;
 Hasty and imperfect legislation;
 Plurality of appeals and hearing by division benches;

24
Bibek Debroy, Justice Delivery in India- A snapshot of problems and reforms,
https://www.isas.nus.edu.sg/ISAS%20Reports/47_WP.pdf. Accessed on 15. 03. 2017.
25
http://www.pucl.org/Topics/Law/2003/malimath-recommendations.html. Accessed on 17.03.2017.
26
Pradip Kumar Das, Justice delayed is Justice denied, http://www.legalserviceindia.com/article/l317-Justice-
Delayed-is-Justice-Denied.html. Accessed on 18.03.2017

15
  Inordinate delay in supply of certified copies of judgments and orders;
 Indiscriminate closure of courts;
 Appointment of sitting judges on Commissions of Inquiry.

III (3) JUDGES’ POINT OF VIEW:

Although almost everybody critics the judges for their inefficiency and ineptitude to dispose
of the cases as soon as possible, the Judges are also bound by numerous restraints. Various
dynamics of the judicial decision-making process such as
 judicial collegiality including 'unremitting criticism' by one judge of another's
perceptions,
 Logic and values of the judges themselves.
 Professionalism and integrity;
 The judges' desire to earn the respect of sibling judges, the bar, and the public.

In the judiciary, having a hierarchy of administration has an additional peril. Although the
Constitution mandates that every individual has the freedom to exercise his own will as long
as it’s not illegal, in reality it doesn’t work that way, unfortunately. This is especially true in
the case of the Judges who, whether they like it or not, become embroiled in politics and as a
consequence spend a lot of time worrying about their careers. Courts become just another
department of the government with national, regional, and branch offices.

III(4): POLITICAL FACTORS CAUSING A DELAY IN THE

JUDICIARY

Although it's the job of judges to be impartial, the truth is that political motivations can
influence their ability to make impartial decisions. Political opponents may use certain
decisions a candidate has made, against them when it next comes time for the judge to be
elected. They may even attack opponents in the media in an attempt to unseat them from
their position.

16
So a seat as a Judge isn't set in stone, and on certain issues can attract a lot of political
heat. Even less emotive and more business related issues, such as the overlap of real estate
and criminal law can surprisingly fall under political influence 27.

One classic example is that of the ADM Jabalpur case28.

Chapter IV: IMPLICATION

IV (1) INTRODUCTION:
Although the importance of speedy disposal of cases was recognised as early as in the year
1958 by the Law Commission of India in its 14th Report29, in India, neither the Constitution
nor any existing laws or statutes specifically confer the right to speedy trial on the accused.
The Law Commission of India observed30 that in an organized society, it is in the interest of
the citizens as well as the state that the disputes which go to the law courts for adjudication
should be decided within a reasonable time, so as to give certainty and definiteness to rights
and obligations. If the course of trial is inordinately long, the chances of miscarriage of
justice and the expenses of litigation increase alike. The problem is much more acute in
criminal cases, as compared to civil cases. Speedy trial of a criminal case considered to be an
essential future of right of a fair trial has remained a distant reality. A procedure which does
not provide trial and disposal within a reasonable period cannot be said, to be just, fair and
reasonable. If the accused is acquitted after such long delay one can imagine the unnecessary
suffering he was subjected to. Delay results in witnesses being unable to testify correctly to
events which may have faded in their memory and sometimes in their being won over by the
opponent.
IV(2): MISCARRIAGE OF JUSTICE: A grave consequence of the delay in
the Justice Delivery System.

The implications of unduly delaying the delivery of justice is a serious problem and cannot be
ignored.
 Firstly, the MORAL IMPLICATIONS: inordinate delays militate against the essence
of justice. It is axiomatic that justice delayed is justice denied. By the time the wrong-

27
http://www.dailykos.com/story/2015/12/13/1459761/-The-Ways-Politics-Influences-Criminal-Justice.
Accessed on 18.03.2017.
28
AIR 1976 SC 1207
29 st
1 Law Commission of India, 14th Report- 1958 Reforms of Judicial Administration
30
Law Commission of India, 14th Report, 1958, Vol. 1, Reforms of Judicial Administration p. 129.

17
 doer is convicted of his wrongs, there is no point to the judgement as he/ she between
the time span of filing the case and the actual judgement, continue to live their life,
unperturbed. In many cases, they would have lived their life in its entirety and in
some cases people in their second childhood have been awarded a life sentence for a
crime that they committed in the early part of their life. What’s worse is that the
victim or the wronged, when rewarded with Justice, such a justice, if it can be called
that, becomes redundant.
 Secondly, the ECONOMIC IMPLICATIONS: These implications are hard to miss. A
slew of studies in this area have proved beyond doubt that slow Court systems
negatively impact the growth of new businesses. In the Indian context, studies have
found that reforms enacted to facilitate speedy disposal of civil suits reduced breaches
of contract, encouraged investment, and facilitated access to finance. Foreign direct
investment inflows have been found to be positively correlated with the quality of
domestic legal institutions.
 Finally, the SOCIAL IMPLICATION: There is a law and order angle to consider.
Over time, inefficient court systems erode faith in the rule of law, which could have
serious law and order implications. In recent years, people have taken to the streets
like never before, questioning the fairness behind treating long pending high profile
cases, reflecting a dilution of faith in the judicial system. As the Indian people’s faith
in their courts diminishes, maintaining law and order and respect for the rule of law
will become an increasingly difficult challenge for the government.

IV(3): LANDMARK CASES:

Exemplary examples of miscarriage of justice due to unwarranted delay.

Relief granted to an aggrieved party after a lapse of years loses much of its value and
sometimes becomes totally infructuous. More than not getting justice, getting justice when it
no longer holds good or any value is pointless. These are some cases where justice delayed
has well and truly been justice denied.

18
Cases where the justice delivery system badly failed:

1. Ansuyaben Kantilal Bhatt v. Rashiklal Manilal Shah31 is an exemplary case of as

to how delay is defeating the cause of justice. In this case, the landlord, aged 54 years,
sought to evict his tenant on the ground of his personal need to carry on his own
business. When the matter finally reached the Supreme Court after a lapse of 33 years,
in view of the protracted litigation bona-fide requirement may not exist at that time.
The landlord, at the age of 87 years, was not supposed to start a new business.
2. Uphaar gas tragedy case32:
In this case, it took 6 years for the justice to be delivered despite having evidence. The
Supreme Court’s decision to let off real estate barons Sushil and Gopal Ansal with a
fine of R30 crore each in the 1997 Uphaar fire tragedy, which caused 59 deaths which
evoked much displeasure among the litigants and the legal fraternity about the court’s
leniency towards the rich and the mighty. The compensation proved nothing more
than a Blood Money to the litigants. The order however came as a huge relief to the
two industrialists, who despite being convicted under Section 304 A (causing death
due to rash and negligent act and punishable with a maximum of two years
imprisonment, or fine, or both), were allowed to walk free by restricting their jail term
to the period already undergone.33
3. Lalit narayan Mishra murder case34
The murder trial of the late Lalit Narayan Mishra went on for 37 years and got
concluded with the conviction of four accused after 40 years of incident. Supreme
Court said, “We can observe that our legal system has made life too easy for the
criminals and too difficult for the law abiding citizens.”35 This statement speaks
volume about the extremely slow process of justice in India.
4. Umakant Mishra case
In this case, wrongly accused of pocketing Rs 57.60, Postman Umakant Mishra
remained suspended from his job for nearly 30 years. It took 350 hearings and 29

31
(1997) 5 SCC 457.
32
II (2003) ACC 114
33
Parthshri Arora, Uphaar Gas Tragedy: Apex Court finally grants verdict, Published on 08.01.2016
http://indiatoday.intoday.in/story/sc-agrees-to-reconsider-jail-for-ansals-in-uphaar-cinema-fire/1/565668.html.
Accessed on 10.03.2017
34
1974 SC 2 133
35
Aneesha Mathur, LN Mishra murder case: 40 years later, 4 held guilty, Published on 09.12.2017
http://indianexpress.com/article/india/india-others/l-n-mishra-murder-case-40-years-on-4-held-guilty/. Accessed
on 10.03.2017

19
 years for him to prove himself innocent but the loss he suffered in this period was
monstrous.36
5. Shamauddin theft case37
A 19 year old boy who spent one year in jail for accused of having stolen Rs 200 and
the court was ready to give bail on account of Rs 10,000 which was 50times more
than what he stole was the sheer violation of right to bail.
6. DTC bus conductor case38
For loss of 5paisa, case contested for 41 years by spending Rs 47,795. In addition to
it, DTC has to pay Rs. 8,96,293 only towards back wages of the conductor till he
retired from his service.39 And more than the case how sick and perverted has been
the mentality of the authorities, who spent huge amount of money for the loss of mere
pittance of 5 paise is reflected in this case.
7. Bhopal Gas Tragedy40
Rightly termed as a tragedy, the Bhopal gas tragedy ended up killing several
thousands’ immediately and till date the ugly repercussions of an unmonitored gas
leak is seen in unborn foetuses. The chemical, methyl isocyanate (MIC), that spilled out
from Union Carbide India Ltd’s (UCIL’s) pesticide factory turned the city into a vast gas
chamber. However, till date, the decision is still pending , which clearly shows the status
of the Indian Judicial system.

CHAPTER V: REDRASSAL MECHANISMS AND THEIR

EFFECTIVENESS

While the Supreme Court, in a number of rulings, has stressed the need for right to speedy
justice and free legal aid, successive Governments have failed to translate the court’s orders
into legislative Acts. Law Minister M Veerappa Moily said, “The government intends to

36
Faiz Rahman Siddiquil, After 29 Years man acquitted of stealing Rs. 57 Published on 03.12.2013
http://timesofindia.indiatimes.com/india/After-29-years-man-acquitted-of-stealing-Rs-
57/articleshow/26759288.cms. Accessed on 10.03.2017
37
Divya Bharti, Navdeep Kaur, Effective access to justice in India- Still a distant dream, ail.ac.in/wp-
content/.../Effective-access-to-justice-in-India-Still-a-distant-dream.docx.
38
Kekti Angre, He was sacked over 5 paise: Legal battle on for 40 years , Published on ,
http://www.ndtv.com/delhi-news/delhi-bus-conductor-sacked-over-5-paisa-legal-battle-on-for-40-years-
1402883, Accessed on 10.03.2017
39
http://lawyersupdate.co.in/LU/1/1747.as. Accessed on 12.03.2017
40
1990 AIR 273, 1989 SCC (2) 540

20
ensure that receiving justice is the right of each and every individual, irrespective of his or
her caste, colour, creed, social and financial status. We intend to place the draft before the
Cabinet soon. While the Constitution does have certain provisions regarding need for speedy
justice, there is no specific provision confirming justice as either a fundamental right or
constitutional right.”41

V (1): TACKLING THE ISSUE: INITIATIVES TAKEN BY THE SC

It is not that the Supreme Court has not paid enough attention to the issue of pendency of
cases.

 Launching of National Judicial Data Grid (NJDG)42

The Supreme Court launched the public portal of the National Judicial Data Grid
(NJDG) in 2015, which very conveniently displays the pending cases in the lower courts
throughout the country. The monthly disposal, fresh filing and also the cases filed by
senior citizen and women in the total pendency is available for the country as a whole
and also state and district wise.
The pendency is broken into civil and criminal cases. Not only that, it also classifies
them as cases pending for over 10 years, between 5 to 10 years, between 2 to 5 years and
less than 2 years. This was an important step in the digitisation of our courts and in
making their functioning more transparent.
CRITICISM: However, there is a significant lack of uniformity in data maintenance
across the courts in various states. This also creates a big hurdle in estimating the real
extent of judicial pendency in India and making reasonable comparisons among the
courts. There is no good reason for this state of affairs to continue; the technology to
resolve this is now easily and cheaply available.
 The Chief Justices’ Conference held in 2015 had resolved that each High court shall
establish an arrears committee to clear the backlog of cases pending for more than five
years.
 Ruling by the SC- In the All India Judge’s Association case43 it was decided by the
Supreme Court that judge to population ratio, which is currently 17.72 judges or judicial
officers per million population, needs to be raised to 50.
 In May 2014, former Chief Justice of India Justice R.M. Lodha proposed to make Indian
judiciary work throughout the year (instead of the present system of having long
vacations, especially in the higher courts).

41
http://indiagovernance.gov.in/news.php?id=526, Accessed on 20.03.2017.
42
F.E Guerra- Pujol, SydjiaThiane Robinson, A Simple Thought Experiment- Turning Games with A Unified
Code of Procedure, 25 Nat'l L. Sch. India Rev. 81 2013.
43
(2002) 4 SCC 247

21
 CRITICISM: The proposal however did not meant any increase in the number of
working days or working hours of any of the judges but only that the judges will go on
vacation at different times.

V(2): REMEDIES AND ALTERNATIVE STRATEGIES:

All though several solutions have been propounded over the years, the general consensus is
that any solution to dispel the delay in the justice delivery system will be effective only of the
present or existing back log has been cleared, or at least strong attempts are made to reduce
the existing backlog.

The issue of the aggregation of arrears cannot be studied in isolation. Arrears are not a freak
phenomenon. In one sense the slow accumulation of arrears in the Supreme Court does not
just reflect on the efficiency of the Supreme Court as a legal institution. It reflects on
our society as well.
If we start playing the blame game, then everybody would be responsible for the unnecessary
delay created in the justice delivery system- Litigants who press their claims before the courts
and continue to forward them before the highest court of the land are also responsible for
arrears. No less culpable are the lawyers who, more often than not, encourage litigation with
zest.
Quarrels in Indian society tend to get institutionalized fairly quickly. Much rather than try to
settle a quarrel outside the established institutions, disputes in India reach the official
machinery. This does not necessarily mean a blind faith in the adjudication machinery. It
merely implies that some litigants use litigation as a form of individual and social therapy.
All said and done, the following mechanisms are in place to try and reduce the back logs in the
Indian Courts.
V(2.1): ADR SYSTEM IN INDIA:
India has had a long tradition and history of such methods being practiced in the society at
the grass root level. Substitutes to the traditional litigation in state administered courts in
India existed right from the ancient period in the form of village panchayats, caste
panchayats, trade guilds etc. They functioned unofficially and varied considerably in practice
from province to province.
In developing ADR as an alternate to the traditional litigation to resolve disputes, importance
must be given to two matters. The first is to assess the extent to which these techniques can
seek to avoid those problems which plagued the litigation system. The second is, that the

22
basic principle underlying the functioning of the judicial system, on which is founded the
commitment of our system to the rule of law, is not destroyed in the search for alternatives.
Court annexed mediation was formally introduced in India by Amendment Act of 1999, by
inserting Section 89 of the Civil Procedure Code, 1908, which became effective from 1st
July, 2002. The court may require the attendance of any party to the suit or proceedings to
appear in person with a view to arrive at an amicable settlement.44

V(2.2): GRAM NYAYALAYAS:

Gram nyayalayas as ‘forums for resolution of disputes with people’s participation in the
administration of justice’45 were first proposed by the 114th Report46 of the Law Commission
of India, with a view to solve the questions of unconstitutionality and politicisation that
plagued the nyaya panchayat system which had been practised since the colonial era. The
nyaya panchayat was an informal system constituted by members of the grama sabha of each
village. The nyaya panchayats became the object of controversy when the Law Commission
opined that (a) nyaya panchayats cannot be treated as judiciary in the proper sense of the
term, (b) they may degenerate into mechanical endorsement of untrustworthy
recommendations, and (c) several systemic errors and malfunctions had crept into the system
rendering it extremely political and ‘distressed’.

The Gram Nyayalayas Act, 2008 (‘the Act’) came into force in October 2009 mandating the
establishment of an alternative forum for grievance redressal at the panchayat level as well as
solving the nyaya panchayat constitutionality and politicisation crisis. Gram nyayalayas have
been described as ‘strikingly different’47 from nyaya panchayat in their structure and
functioning. Gram nyayalayas are seen to be ‘closer to the “formal courts” in the country than
to any indigenous or traditional institutions, real or idealised’ in an apparent attempt to
steadily expand the court system in India. The Act, in its preamble, unequivocally states that
the establishment of gram nyayalayas at the grass root level is ‘for the purposes of providing
access to justice to the citizens at their doorsteps and to ensure that opportunities for securing
justice are not denied to any citizen by reason of social, economic or other disabilities’,

44
Shishir Bail. ‘From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice’, The Socio-
Legal Review, 2015, http://www.sociolegalreview.com/wp-content/uploads/2015/12/From-Nyaya-Panchayats-
to-Gram-Nyayalayas-the-Indian-State-and-Rural-Justice.pdf. (Accessed on 18.03.2017).
45
Law Commission of India. 1986. 114th Report on Gram Nyayalaya,. http://lawcommissionofindia.nic.in/101-
169/Report114.pdf (Accessed on 15. 03. 2015)
46
11th Law Commission of India. 114th Report- 1986 Gram Nyayalaya
47
Shishir Bail. ‘From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice’, The Socio-
Legal Review, 2015

23
thereby mirroring the aspirations behind Article 39-A of the Constitution48. The gram
nyayalayas were envisioned to be supplementary to the existing formal court system, and not
to oust their jurisdiction.

V(2.3): LOK ADALATS:

Lok Adalat is one of the alternative dispute redressal mechanisms. It is a forum where
disputes or cases pending in the court of law or at pre-litigation stage are settled amicably.

Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree
of a civil court and is final and binding on all parties and no appeal against such an award lies
before any court of law49. If the parties are not satisfied with the award of the Lok Adalat
though there is no provision for an appeal against such an award, but they are free to initiate
litigation by approaching the court of appropriate jurisdiction by filing a case by following
the required procedure, in exercise of their right to litigate.

V(2.4): MOBILE
Mobile Courts is a recent innovation by the Indian Judiciary. It is based on the concept of a
Court like set up in a moving vehicle, which will circumvent various locations based on a
well-planned out schedule. A few mobile courts have also been set up, the first one in
Haryana’s Mewat district. These have all the powers of usual judicial courts.
The Central government has announced that it will provide funds for 7000 mobile courts
throughout the country and bear the salary and allowance expenditure for the first three years,
after which, the responsibility devolves on States.50 Since these mobile courts are of very
recent vintage, it is still too early to judge how they will fare.

V(2.5): NYAYA PANCHAYATS

Article 39A of the Constitution has the goal of setting up dispute resolution mechanisms with
the participation of the people. Article 40 requires the State to take steps to set up village
panchayats, though dispute resolution is not directly mentioned in this Article51. Instead, the

48
http://dakshindia.org/state-of-the-indian-judiciary/34_chapter_19.html#_idTextAnchor503. (Accessed on
18.03.2017)
49
http://nalsa.gov.in/lok-adalat. (Accessed on 18.03.2017)
50
51
Shishir Bail. ‘From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice’, The Socio-
Legal Review, 2015, http://www.sociolegalreview.com/wp-content/uploads/2015/12/From-Nyaya-Panchayats-
to-Gram-Nyayalayas-the-Indian-State-and-Rural-Justice.pdf. (Accessed on 18.03.2017).

24
expressions self-government is used. However, even in the early part of the 20th century,
there were suggestions that nyaya panchayats be set up and several subsequent committees
recommended this too. However, it was only in 1993, with the 73rd amendment to the
Constitution that the roles of panchayats were clearly laid down. But the extent to which
rights and responsibilities devolve on panchayats is still largely a function of what State
governments decide to.
Having said this, panchayats are subject to the standard criticisms of gender biases, low
literacy levels, lack of representativeness and capture by elite, the latter including the caste
problem.
Despite these warts, which tend to become extremely visible, it is also true that only in 10
percent of panchayat judgements have parties moved the regular courts and in most cases,
these higher courts have upheld the judgements of nyaya panchayats. The nyaya panchayats
do not have the power to attach property or send parties to jail52.

V(2.6): FAST TRACK COURTS:

A novel experiment aimed at clearing the massive backlog in court cases has just begun in the
country with the setting up of nearly 450 ‘fast track’ courts in various states. The Eleventh
Finance Commission recommended and sanctioned the setting up of 1,734 Fast Track Courts
(FTCs), with a special focus on cases involving under-trials, who remain in jails for a period
of more than two years.53

CHAPTER VI: CONCLUSION

For years together now there is this joke that the Indian Judiciary system is pitied by the
infamous Internet explorer itself. Jokes apart, the Indian Judiciary seems to have outdone
itself when it comes to ensuring that it is filled with undisposed cases for years together now.
VI(1) CRITICAL ANALYSIS:

52
Shishir Bail. ‘From Nyaya Panchayats to Gram Nyayalayas: The Indian State and Rural Justice’, The Socio-
Legal Review, 2015, http://www.sociolegalreview.com/wp-content/uploads/2015/12/From-Nyaya-Panchayats-
to-Gram-Nyayalayas-the-Indian-State-and-Rural-Justice.pdf. (Accessed on 18.03.2017).
53
Bibek Debroy, Justice Delivery in India- A snapshot of problems and reforms,
https://www.isas.nus.edu.sg/ISAS%20Reports/47_WP.pdf. Accessed on 15.03. 2017.

25
The formal courts are performing a primary and leading role in justice delivery system for a
very long time universally. The courts follow adversary form of procedure to decide the
disputes. In this form of procedure litigation becomes a never ending exercise. Disputes
resolution through legal proceedings in the courts has become excessively procedural and this
has resulted in undue delays, high costs and unfairness in litigation.
Besides that the adversarial nature of litigation is not favourable to the social and commercial
relationships, which are needed to be preserved. All concerned are worried over the problems
of delays, congestion in the courts and high costs of litigation, the justice delivery system is
facing. The adversarial system creates two mutually opposing, exclusive, unfriendly,
competitive, challenging and adamant parties to litigation and this system does not generate a
climate of consensus, compromise and cooperation.
As the litigation proceeds, so does the disagreement. At the end of litigation one party comes
out as the winner and the other party as the defeated. Adversarial litigation does not end in an
agreement. It creates more animosity between the parties that result in more litigation
between them or even their successors.
The fundamental purpose of this project is to answer the research questions as outlined
below:
4. Whether the Indian Judiciary is providing equitable and speedy justice as enshrined
U/A 39-A and Article 21 of the Constitution of India?

The answer to this question is dealt with in Chapter I of the project. Article 39 A is an
interpretative tool of Article 21. While 39 A focuses more on providing free legal aid, Art. 21
would be violated if people do not receive ‘Speedy trial’.

5. What are the causes and the effects of the delay in the Justice delivery system in India?
How does the Judiciary justify the delay?

Chapter III and IV deal with the causes and the subsequent delay in the Justice Delivery
system.

Causes: While there are several reasons that result in the delay of justice delivery, it is to be
noted that these issues can be overcome over a period of time. Several Law Commission
reports have come out, outlining the reasons for delay. However it seems like such findings
suffer from a lack of sufficient data, which in turn causes a delay. What seems like a vicious
circle can be overcome with time and patience and in a way it will be a lot similar to damage
control.

26
Implications: Among the various implications discussed in this project, the most damaging of
all is the loss of people’s confidence on the Judiciary. As far as India is concerned, the
Judiciary has always enjoyed a regal position of sorts- untainted the ‘dirt’ from the Executive
and Legislative organs of the state. However, this never ending delay has caused people to
question the integrity of the Judiciary. Not to forget, the economic implications arising from
the long pending cases.

Safe to say, it is in the best interests of the largest democracy in the world in general and the
Judiciary in particular that the cases which have been long pending for now to be disposed of.

6. What are the redressal mechanisms in place? How effective are they (or) have they
served their purpose?

Chapter V deals with the various solutions to combat delay in the Justice delivery system

The Law Commission has not only pointed out the problems but has also made suggestions to
salvage the situation and emerge victorious. The Supreme Court, from its side, has made
several efforts to increase the dispersal of cases. ADR is another highly viable substitute for
litigation. However such solutions must be taken advantage of by the Judiciary and be used to
the fullest extent. People are slowly changing their attitude towards alternate dispute
mechanisms and if successful, this will reduce the burden on the Judiciary to a large extent.

VI(2) RECOMMENDATIONS:
Based on my observations in the Madras High Court and District Court during my internships
in the past two semester breaks, the following can be done in order to actively combat the
problem of the inherent delay in the justice delivery system:

 Online recordings of case proceedings so that it reduces the burden on the judges and
also saves time in case the trial is restarted.

 Improving the infrastructure to accommodate more Court rooms and may be, bring in
Night Courts.

 Double checking and verifying any new legislation for any provision which has scope
to create unnecessary delays in the Justice system.

 Delaying the transfer or retirement of judges till they complete their pending cases
and ensuring that no new cases are assigned to them.

27
  Fixing a time frame for certain type of cases and adhering to it except in the rarest of
the rare cases.

 Ensuring, to the maximum possible extent, that the same Bench is maintained
throughout a case. This would save the parties form having to start over every single
time.

 Increasing the budget for the Judiciary. At present, less than one per cent of the funds
is being allocated towards the Judiciary in the budget. Increasing the funds would
only mean more funds to the Judiciary to expand its infrastructure and solve the
problem of understaffing.

 Reducing the time frame between two hearings and expediting the process when the
parties involved are in mutual agreement.

 There must be full utilization of the court working hours. The judges must be punctual
and lawyers must not be asking for adjournments, unless it is absolutely necessary.
 Many cases are filed on similar points and one judgment can decide a large number
of cases. Such cases should be clubbed with the help of technology and used to
dispose other such cases on a priority basis; this will substantially reduce the arrears.
 Judges must deliver judgments within a reasonable time, both in civil and criminal
cases. (This was also the Guidelines given by the apex court in the case of Anil Rai v.
State of Bihar54
 Considering large number of pending cases, vacations in the higher judiciary must be
reduced by at least 10 to 15 days and the court working hours should be extended by
at least half-an-hour.
 Lawyers must curtail repetitive arguments and should supplement it by written notes.
The length of the oral argument in any case should not exceed one hour and thirty
minutes unless the case involves complicated questions of law or interpretation of
Constitution.
 Judgments must be clear and decisive and free from ambiguity so that it do not
generate further litigation
 Lawyers must not resort to strike under any circumstances. (This was also decided by
the Constitution Bench of the Supreme Court in the case of Harish Uppal (Ex-Capt.)

54
(2001) 7 SCC 318

28
 v. Union of India55)

VI(3): CONCLUSION
The axiom, ‘Justice delayed is Justice denied’ has been used exhaustively throughout this
project. However, not only with respect to this project, varied professionals in the legal field
cannot stress enough on the importance or the significance behind this adage.
The movie ‘Court’ very lucidly depicts the reality and the gravity of the situation and in fact
is a visual representation of the topic.
It is very evident that the Indian Judicial system is weighed down by cases- in fact that would
be an understatement. While several reports have been undertaken by the Law Commission
of India and other organizations and in-depth studies have been conducted, there is no strait
jacket solution to this issue because of the very nature of our country and more so, the nature
of the cases. It is close to impossible to dispose cases in a touch and go manner. But this in no
way justifies the delay which can last for years on an end and in some cases, only ends long
after one or more of the party involved dies.
While some discrepancies cannot be mitigated, to a large extent, the Judiciary must practice
what it preaches and ensure that the solutions provided are followed through. The Judiciary
must strive to dispense Justice when it matters and the Legislature and the Executive must aid
the Judiciary in their endeavour.

55
(2003) 2 SCC 45.

29
 BIBLIOGRAPHY
STATUTES:

1. The Constitution of India, 1950.

BOOKS:

1. Basu, D.D, Shorter Constitution of India, Lexis Nexis, Haryana, 14th Edition, 2009.
2. Jain, MP, Indian Constitutional Law, Lexis Nexis, Haryana, 7th Edition, 2014.
3. Mohan Arun, Justice, Courts and Delays, Volume 1, Universal Law Publishing House,
2009 Edition.
4. Pandey, J.N, Constitutional Law of India, Central law Agency, Allahabad, 1st Edition,
2014.
5. Shukla. V.N., Constitution of India, Eastern Book Company, Lucknow, 12th Edition,
2013.
6. Bakshi. P.M., The Constitution of India, Universal Law Publishing Company, Delhi,
12th Edition, 2013.

LOK SABHA DEBATES ON CONSTITUTIONAL DEBATES:

1. Pal Samaradutya, India’s Constitution: Origins and Evolutions, Volume 3- Articles

29-51 A, Lexis Nexis, Haryana, 2015.
JOURNALS/ ARTICLES:

1. Divya Bharti, Navdeep Kaur, Effective access to justice in India- Still a distant dream,
ail.ac.in/wp-content/.../Effective-access-to-justice-in-India-Still-a-distant-dream.docx.
2. F.E Guerra- Pujol, SydjiaThiane Robinson, A Simple Thought Experiment- Turning
Games with A Unified Code of Procedure, 25 Nat'l L. Sch. India Rev. 81 2013.
3. Bibek Debroy, Justice Delivery in India- A snapshot of problems and reforms,
https://www.isas.nus.edu.sg/ISAS%20Reports/47_WP.pdf.
4. Simi Rose George,Releasing India’s Supreme Court from the Shadow of Delay -A
Proposal for Policy Reform, https://www.hks.harvard.edu.
5. Bhaskar De, Justice delayed- Justice Denied, http:// www. Legalserviceindia. Com.
6. Pradip Kumar Das, Justice delayed is Justice denied,
http://www.legalserviceindia.com/article/l317-Justice-Delayed-is-Justice-
Denied.html.

30
 7. Shishir Bail. ‘From Nyaya Panchayats to Gram Nyayalayas: The Indian State and
Rural Justice’, The Socio-Legal Review, 2015, http://www.sociolegalreview.com/wp-
content/uploads/2015/12/From-Nyaya-Panchayats-to-Gram-Nyayalayas-the-Indian-
State-and-Rural-Justice.pdf.

LAW COMMISSION REPORTS:

1. 20th Law Commission of India, 245th Report- 2014 Arrears and Backlog- Creating
Additional (Wo)man Power.
2. 11th Law Commission of India, 124th Report- 1988 High Court Arrears- A Fresh
Look.
3. 8th Law Commission of India, 77th Report- 1978 Delays and Arrears in Trial Courts
4. 1st Law Commission of India, 14th Report- 1958 Reforms of Judicial Administration
5. 9th Law Commission of India, 85th Report- 2002 Law’s Delays: Arrears in Court
6. 8th Law Commission of India, 79th Report- 1979 Delay and Arrears in High Courts
and Other Appellate Courts.
7. 11th Law Commission of India. 114th Report- 1986 Gram Nyayalaya
8. 11th Law Commission of India, 120th Report- 1988 Manpower Planning in Judiciary:
A Blueprint.

WEB SOURCES:

1. http://www.legalserviceindia.com/article/l317-Justice-Delayed-is-Justice-Denied.html
2. http://rashtryodayparty.blogspot.in/2015/06/come-join-us-in-movement-to-reform-
our_9.html
3. http://www.mapsofindia.com/my-india/government/cases-of-justice-delayed-and-
denied-in-india-need-for-urgent-reforms
4. http://www.pucl.org/Topics/Law/2003/malimath-recommendations.html (Accessed on
17.03.2017.)

5. http://lawyersupdate.co.in/LU/1/1747.as. (Accessed on 12.03.2017)

6. http://indiagovernance.gov.in/news.php?id=526, (Accessed on 20.03.2017.)

7. http://www.dailykos.com/story/2015/12/13/1459761/-The-Ways-Politics-Influences-
Criminal-Justice. (Accessed on 18.03.2017.)
8. http://nalsa.gov.in/lok-adalat. (Accessed on 18.03.2017.)
9. http://pib.nic.in/newsite/PrintRelease.aspx?relid=137291. (Accessed on 18.03.2017).

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