NEED TO ADDRESS JUDICIAL DELAYS IN INDIA: CHALLENGES AND REFORMS

The legal maxim of "Justice delayed is justice denied" which means justice is not served if there is a delay in resolving a case specifically fits the situation of the judiciary in India.

- ABHINAV MEHROTRA & AMIT UPADHYAY

The legal maxim of “Justice delayed is justice denied” which means justice is not served if there is a delay in resolving a case specifically fits the situation of the judiciary in India. Recently, the Supreme Court had expressed “shock” to learn that a murder case accused’s bail application was pending before the Allahabad High Court for the last four years. Such is the situation that the Indian judiciary currently faces, which impedes the timely delivery of justice. Such inefficiency and consequent judicial delay due to procedural complexities and a lack of technological integration incur substantial economic costs affecting litigants adversely. Thus, addressing these issues requires a comprehensive understanding of the constitutional mandate for speedy trials and the systemic challenges that undermine judicial efficiency including identifying challenges in providing speedy trials and legal aid, and discussing proposed reforms to mitigate these issues from a constitutional perspective.

The Preamble of the Indian Constitution provides for social, economic, and political justice which is effectuated through various constitutional articles. Article 14, which deals with equality before the law and equal protection of the law; Article 21, which protects life and personal liberty; and Article 323A which provides for the establishment of an administrative tribunal. Among these provisions, the right to a speedy trial is implicitly included within the ambit of the right to a fair trial, which forms part of the right to life and liberty guaranteed by Article 21. The judiciary is designed to be an independent organ, crucial for maintaining the rule of law and ensuring impartiality in legal proceedings.