“It will take thousands, not hundreds, of years to clear the pending cases” - Moneylife

“It will take thousands, not hundreds, of years to clear the pending cases” - Moneylife


Online comments:
Constraints are there. But it has to be accepted that the vigilant and alert judiciary is one limb which is sustaining the basic features of our Constitution.  Here are some suggestions, keeping in mind the inadequate infrastructure and manpower to handle the 3 crore odd pending cases across the country:
• Pending cases which need to be decided within a year should be segregated and taken up on a priority basis by designated courts selected from those now in position.
• The remaining cases should be given to the remaining courts and new Special Courts should be put in place at all levels depending on the number of pending cases. Timeframe for final hearing of cases should be decided based on transparent norms.
• The present practice of listing cases should be replaced by IT-enabled system, out of turn hearings becoming exception rather than the rule.
• It should be ensured that the vacancies of judges are filled in time. Do away with ‘retirement age’ for all categories of judges till an acceptable judges to population ratio is achieved. This will reduce the expectations about ‘post-retirement’ assignments which preoccupy the minds of those in service.
• Make it compulsory for government and public sector organizations to expedite procedures where they are on either side of matters before courts. This is necessary as there is laxity on their side as cost and delay seldom affects the individuals who handle cases in government and public sector. This position is slowly creeping into big corporates also.
• Make necessary legislative changes to reduce procedural delays.
M G WARRIER

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