Indian Court Vacations and the Pendency Crisis

Context

The number of pending cases in the Indian courts is over 5.39 crore. All while millions of citizens wait for justice, the higher judiciary is still closed for collective holidays, such as the summer break. This practice from the colonial era undermines the ability of institutions to function and disproportionately impacts those in custody who are not yet imprisoned, and thus calls for immediate reforms in the judiciary. 

The Pendency Crisis at a Glance

• The Numbers: More than 5.39 crore cases are pending. This is equivalent to the total number of cases pending in the district courts (around 4.76 crore), High Courts (63.6 lakh) and the Supreme Court (more than 92,000). 
• Timeline to Clear: A past government study estimated that clearing the existing backlog at the current pace could take three centuries. 
• The Human Cost: About three-fourths of the prisoners in India are undertrial prisoners. Many people are not convicted who are sitting in jail longer than the maximum possible sentence. 

The Mechanics of Court Vacations

Judicial breaks have been in existence for a long time and have historical and operational backgrounds: 

• The Schedule: The Supreme Court and High Courts observe long summer and winter breaks, taking up limited “Vacation Benches” for urgent matters. 
• Historical origins: The long vacations were instituted in colonial times to enable British judges to return home during the hot summer months. 
• Working Days: The Supreme Court is working for approximately 193 days in a year, High Courts for 210 days and trial Courts for 245 days. 
• The Counter-Argument: Judges often find time to write reserved judgments and administrative work during their “vacations. 

Impact on Access to Justice

Long judicial recesses have a major impact on the individuals and the rule of law:

• Article 21 Violations: The right to a speedy trial is a fundamental right under Article 21 of the Constitution. Systemic delays, as a result of collective shutdowns, are in contravention of this guarantee.
• Institutional Imbalance: Courts are closed for weeks whereas the police station or hospital does not close and individual staff take off. 
• Economic Stagnation: Long legal proceedings delay projects that could help advance infrastructure, result in policy paralysis and discourage private investment, damaging the economy. 

Why the Pendency Persists

The backlog is not caused just because of vacations. Systemic bottlenecks include: 

• Judge Shortage: India has approximately 20 judges per million population which is much below the recommendation of the Law Commission, 1987, of 50 judges per million.
• Vacancies: About one third of the High Court positions are unfilled because of slow judicial appointment process.
• Pending cases: The government departments account for almost half of the pending cases, many of which are frivolous and repetitive appeals. 

Way Forward: Reforming the System

Preventing the right to timely justice, experts and committees have put forward several suggestions: 

• Staggered Leave: Judges should be on leave on a rotational basis rather than the whole institution being closed. This ensures that courts are able to operate all the time.
• Alternative Dispute Resolution (ADR): Mediation, arbitration, and Lok Adalats are increasing to relieve the burden on formal courts.
• The appointment of vacancies: The judiciary and executive should expedite the filling of vacancies in the judiciary.
• Government Appeals: There should be a policy implemented for strict and no appeal by the Government in settling minor disputes.

Source: The Hindu

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