Pending Cases in Lower and Subordinate Courts

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As of July 30, 2021, nearly 4 crore cases — over 1 crore civil and nearly 3 crore criminal — are pending in lower and subordinate courts across India. 

(Image Courtesy: IE )

Subordinate or Lower Courts in Districts

• In each district of India there are various types of subordinate or lower courts. 
• They are civil courts, criminal courts and revenue courts. These Courts hear civil cases, criminal cases and revenue cases, respectively.
• Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord – tenant disputes. 
• Qualifications and Appointment of Judges:
  • The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State. 
• Chapter VI of Part VI of the Indian Constitution has made provisions for subordinate courts related to the judicial system. 
• These courts are at the state level under the direct superintendence of the High Court. 
• The criterion of eligibility of district judge is that he must be an advocate for minimum seven years with the recommendation of the respective high court. Respective High Court has the sole discretionary power related to the administrative matters like posting, promotion or leave which can be conferred by the conditions of service as per the law applicable for subordinate courts.

(Image Courtesy: IPLeaders )

Challenges for Courts

• Absence of Time Limit: No time frame has been prescribed for the Courts for the disposal of cases.
• Rising Backlog: NITI Aayog in 2018 Strategy Paper (New India @75) had noted that at the current rate of disposal of cases, it will take more than 324 years to clear the backlog. The COVID 19 Pandemic has only made it worse.
• Slow Digital Migration: After over a decade-long modernization drive, almost the entire three-tier justice delivery system has been computerized and equipped with modern technology. However, the opposition of a section of the lawyers’ fraternity has resulted in a slow paced migration to the digital format.

Way Forward

• Infrastructure: Better infrastructure with digitalisation facilities (ePay, eSummons, eHearings and eJudgment) are the need of the hour in the backdrop of COVID 19.
• Addressing Vacancies: Need for increase in the strength of subordinate judiciary and fill the vacant positions. 
• Time Limit: All cases being filed should have a maximum time limit within which they need to be disposed of so as to create a deterrence in society and have lesser pending cases.
• Revamping Procedures: Re-engineering of court procedure for quick disposal of cases.
• Virtual Proceedings: More Virtual Courts should be established. A total of 12 virtual courts have been set up in Delhi, Faridabad (Haryana), Pune and Nagpur (Maharashtra) Kochi (Kerala), Chennai (Tamil Nadu), Guwahati (Assam) and Bengaluru (Karnataka) to try traffic offences.

Source: IE