The Hindu Editorial Analysis
22 February 2025
Converting court case backlogs into treasure troves
(Source – The Hindu, International Edition – Page No. – 6)
Topic: GS 2: Separation of powers between various organs dispute redressal mechanisms and institutions
Context
- India faces a significant backlog in its legal system, with the Supreme Court having 82,000 cases, High Courts over 6.2 million, and lower courts nearly 50 million pending cases, many for over a decade.
Introduction
- The backlog is a persistent issue for every Chief Justice and judiciary member.
- The legal system struggles with a low judge-to-population ratio (21 judges per million citizens) and an adversarial approach that complicates dispute resolution.
Challenges in the Legal System
- Judges are hardworking, but systemic issues hinder efficiency:
- High volume of cases leads to multiple interim applications and appeals.
- Shortages in infrastructure, finance, and human resources.
- Reform efforts often lack the necessary prominence to effect real change.
Data Governance and Litigation Reduction
- Improved data governance can streamline case management and reduce repetitive litigation.
- Appointing retired judges temporarily can help but isn’t a comprehensive solution.
- Focus on specific litigation types (e.g., landlord-tenant, cheque-bouncing) could reduce court burdens.
Government’s Role
- The government is involved in nearly half of all court disputes.
- Effective reform requires the government to engage less in litigation and consider settlement options.
Impact of Backlog
- The backlog symbolizes a failure to deliver justice, with many cases forgotten or irrelevant by the time they reach court.
- The waiting period itself can be a denial of justice.
The Case for Mediation
- Mediation offers a promising solution to the backlog.
- Established in India around 2005, mediation allows disputants to resolve issues with the help of a neutral facilitator in a confidential setting.
Process of Mediation
- Mediation encourages collaboration over confrontation, focusing on mutual interests.
- Applicable to various disputes, including civil, commercial, personal, and matrimonial.
Encouraging Results
- Mediation has gained acceptance among legal professionals and the public.
- It needs to be recognized as a viable career path, providing fair compensation for mediators.
Implementing Mediation
- Judges can view backlogged cases as opportunities for mediation.
- A simple system for assigning cases to mediators is essential:
- Parties can select or be assigned a mediator.
- Mediation costs are significantly lower than litigation.
Efficiency of Mediation
- Most mediation cases require only a few sessions, contrasting sharply with prolonged litigation.
- Mediation often restores relationships and yields better outcomes than traditional court processes.
Conclusion
- It’s time to transform the backlog from a burden into an opportunity for mediation, turning a problem into a pathway for resolution.