The lower judiciary — litigation, pendency, stagnation, Pg8

Key Highlights:

• The Supreme Court of India has linked stagnation in the subordinate judiciary to prolonged litigation and massive case pendency.
• Approximately 4.69 crore cases are pending in district courts, according to the National Judicial Data Grid.
• The Supreme Court has directed judges in Delhi to undergo training due to a lack of basic legal knowledge.
• The article suggests reforms such as appointing judicial officers for ministerial tasks and improving judicial training.

Detailed Insights:

• Current procedures in subordinate courts involve judges spending significant time on administrative tasks like issuing summons and receiving vakalatnamas, reducing time for case disposal.
• The author proposes appointing a dedicated judicial officer in each district court to handle ministerial work, record ex parte evidence, and prepare case lists.
• Historically, experienced lawyers were directly appointed as district munsifs/magistrates, but now judges are appointed without sufficient experience, affecting the quality of justice.
• The author suggests that newly appointed civil judges should undergo training with High Court benches to observe court proceedings and improve their understanding of judicial functions.
• Amendments like Section 12(a) of the Commercial Courts Act, making pre-suit mediation mandatory, and the six-month cooling-off period in divorce cases, can sometimes increase pendency.
• Archaic provisions in the Code of Civil Procedure, such as preliminary and final decrees in partition actions and the numerous rules under Order XXI, contribute to delays in execution proceedings.
• The author criticizes the 90-day limit for filing written statements under Order VIII Rule 1 CPC, arguing it leads to rushed pleadings and doesn't expedite case disposal.
• Addressing pendency requires simplifying procedures, recruiting competent lawyers as judges, and allowing subordinate judiciary to focus on judicial functions rather than administrative tasks.

Key Concepts Involved:

• Subordinate Judiciary: The hierarchy of courts below the High Court, including district courts and lower courts.
• Pendency: The accumulation of unresolved cases in the court system, leading to delays in justice.
• Code of Civil Procedure (CPC): The primary law governing the procedure for civil courts in India.