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The Gruelling Course of Litigation in India: An Overview of Court Delays

Recently, President Droupadi Murmu highlighted a significant issue facing India’s judiciary—court delays. These
delays stem from systemic problems such as frequent adjournments, rising legal costs, and procedural loopholes.
Resolving these delays is critical for ensuring timely justice and requires reforms at multiple levels of the
judiciary.

Key Contributors to Judicial Delays

  • Inefficient Case Management
    One of the main reasons for delays is poor case management. Despite introducing Case Flow Management
    Rules for district and High Courts to streamline timelines and scheduling, inconsistent implementation has
    hindered their impact. Efficient case management requires strict adherence to timelines, prompt filing of
    documents, and proper scheduling of witness examinations and hearings.
  • The Role of Lawyers and Litigants
    Lawyers often contribute to delays by strategically managing multiple cases, resulting in frequent adjournments.
    Litigants sometimes exploit procedural loopholes, such as obtaining stay orders in civil cases to avoid adverse
    outcomes, leading to further delays in case resolution.
  • Scheduling Witness Testimonies
    Witness testimonies frequently face delays due to unpredictable court schedules, adjournments, and procedural
    inefficiencies. This unpredictability discourages witnesses, further prolonging cases.

Challenges in the District Judiciary

  • Systemic Pressures on Judges
    District judges face systemic challenges, such as the expectation to prioritize cases directed by higher courts.
    While these directives aim to expedite justice, they can result in delays for other cases, creating a backlog in the
    system.
  • Performance Evaluation through the Units System
    Judges in district courts are evaluated based on the units system, which assigns points for resolving cases.
    However, this system encourages prioritizing simpler cases to accumulate points, leading to the postponement
    of complex cases that require more judicial attention.
  • Influence of the Local Bar and Career Considerations
    Judges may hesitate to strictly enforce timelines due to potential backlash from influential lawyers, which could
    affect their career progression. This discourages judges from maintaining strict case management practices.

Steps to Address Delays

  • Reforming the Units System
    The units system needs revision to emphasize the quality of case resolution over quantity. Judges should be
    allowed to focus on complex cases without fearing penalties for not disposing of simpler cases quickly.
  • Coordination Between Courts
    The Supreme Court and High Courts should coordinate with district courts to ensure that directives do not
    disrupt regular court functioning. Judges should be given more discretion to manage their caseloads without
    external pressure.
  • Technology and Data-Driven Solutions
    Implementing technological tools, such as real-time tracking of case progress and schedules, can help improve
    transparency and reduce delays. Data-driven reforms can identify recurring issues, like frequent adjournments,
    and address them through better scheduling practices.

Conclusion

Court delays in India are not only procedural but also rooted in the behavior of key stakeholders—judges,
lawyers, and litigants. While mechanisms like case management rules are essential, they must be implemented
consistently alongside systemic reforms that take into account the complexities of the judicial system. A
comprehensive approach is necessary to achieve timely justice for all.

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