Administration of Justice: Judicial Delays in India
In: Indian journal of public administration, Band 65, Heft 4, S. 885-896
ISSN: 2457-0222
In unique as well as comparative terms, the Indian judiciary—an integrated federal hierarchy with federal, state and district courts set up under the Constitution—fares better than the legislative and executive branches of the governments in India as well as those in other countries, especially in the Global South, in terms of impartiality, efficiency and independence. This article seeks to take a closer analytical look at an aspect of judicial administration, which is often glossed over in the existing literature in highlighting the issues of autonomy and constitutional adjudication and constitutional law on fundamental rights of citizens, federal division of powers, separation of powers, judicial review and the like. In this article we focus on the perennial and notorious judicial delays, their causes and remedial reforms. Delays in speedy disposal of cases occur mainly due to a large number of vacancies that remain unfilled partly due to fiscal reasons, administrative inaction and tension between the executive and the superior courts, lack of adequate operational budgetary allocations and physical infrastructure and frequent postponement of hearings until next dates set for reasons not always genuine. We have suggested reforms in the administration of the courts as well as alternate forums like Lok Adalats, e-judicial governance, ethical discourse in the Bar and the Bench as well as the civil society.