IT is classic case of David vs Goliath. A handful of judges trying to work their way through a mountain of cases! The success depends not only on the arithmetic, but also on commitment and motivation. The number of judges in India is abysmally less as a ratio to its population. The judge-population ratio in India, as of today, is 20 judges per 10 lakh people which is the lowest in the world. In its 120th report of 1987, the Law Commission had stated that for every 10 lakh of population, 50 judges are required. It held that this will help reduce pendency. So, if the retirement age of judges is increased will it help solve the problem?
Justice Sudhir Aggarwal, former judge, Allahabad High Court, held that there is no one-to-one relationship between case disposal rates and the number of judges. He said: “According to the National Judicial Data Grid figures, 4 crore 10 lakh cases are pending in district courts of the country. More than one crore cases are pending in the Uttar Pradesh district courts itself. In the High Courts, 59 lakh cases are pending. The Allahabad High Court alone has 10 lakh 32 thousand cases which are yet to be cleared. By only increasing the judges' retirement age, pendency can't be reduced as there are other factors as well. If the retirement age is increased then after a certain period, with delayed appointments, the situation will be back to square one. Every year, a white paper is needed and competent judges are required.”
Justice MN Venkatachaliah, former chief justice of India, has also made his mark by managing the pendency problem. During his term of seven years at the Supreme Court, he wrote about 90 judgments and was a part of 482 benches. Throughout his tenure, he was committed to reducing the pendency of cases. He is credited for bringing down the pendency to 19,000 in his tenure.
This story is from the April 4, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the April 4, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
