What are the deeper causes of stagnation and delays in the lower judiciary, and how can systemic reforms address them?

The lower judiciary in India faces persistent issues of stagnation and delays, which have been linked to prolonged litigation and a backlog of cases. These challenges undermine public trust in the justice system and hamper timely delivery of justice. Understanding the deeper causes is crucial for designing effective systemic reforms.

Deeper Causes of Stagnation and Delays:
• Inadequate Judge Strength: There is a significant shortage of judges in lower courts, leading to high case loads per judge and slower disposal rates.
• Pendency of Vacancies: Delays in filling judicial vacancies further aggravate the problem, as existing judges are overburdened.
• Inefficient Case Management: Lack of modern case management systems leads to poor tracking, scheduling, and prioritization of cases.
• Procedural Complexities: Outdated and complex procedural laws result in frequent adjournments and lengthy hearings.
• Inadequate Infrastructure: Many courts lack basic facilities, sufficient staff, and access to technology, affecting their functioning.
• Limited Use of Technology: Slow adoption of digital tools for filing, documentation, and hearings hinders efficiency.
• Low Judicial Training: Insufficient training for judges and court staff on new laws, technology, and management practices.
• Frequent Transfers and Promotions: Regular transfers and unclear promotion policies can demotivate judges and disrupt continuity.
• Delays in Witness Appearance: Non-appearance of witnesses and lawyers leads to repeated adjournments.

Systemic Reforms to Address the Issues:
• Increase Judge Strength: Regularly assess and fill judicial vacancies to match the growing case load.
• Modernize Case Management: Implement digital case tracking, e-filing, and automated scheduling systems.
• Simplify Procedures: Reform procedural laws to reduce unnecessary adjournments and encourage time-bound hearings.
• Upgrade Infrastructure: Invest in court buildings, staff, and digital infrastructure to improve working conditions.
• Promote Alternative Dispute Resolution (ADR): Encourage mediation, arbitration, and Lok Adalats to resolve cases outside formal courts.
• Continuous Training: Provide regular training for judges and staff on technology, new laws, and case management techniques.
• Transparent Transfers and Promotions: Establish clear and fair policies for transfers and promotions to boost morale and stability.
• Witness Protection and Summoning: Strengthen mechanisms to ensure timely appearance of witnesses and parties.
• Performance Monitoring: Introduce systematic performance evaluation of judges and courts to identify bottlenecks and improve accountability.