Topic: Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
2) Nearly 90% of all pending cases in the country come from India’s lower courts (district and subordinate courts), which are the first port-of-call for most legal disputes. Discuss the causes and consequences of such a situation and suggest solutions.(250 words)
Why this question:
The article brings out the sorrow state of affairs the Judiciary in India is facing with respect to pendency of cases.
Demand of the question:
The answer must analyse the underlying causes of such pendency facing the judiciary along with suggestions as to what needs to be done to overcome the same.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Quote facts/figures to justify the question statement.
- There are more than 3 crore cases pending in different courts of India. Many of these cases are pending for more than 10 years – Around 2.7 crore cases pending in District and Sub-ordinate Courts.
- Then discuss Why too many cases are pending in Indian courts? Discuss the causes that have led to rise in the number of cases registered.
- What are the consequences of pendency? The common man’s faith in the justice system is at an all-time low. Denies the poor man and under trial prisoners their due of justice. Economic reforms remain only on paper without speedier justice system. Foreign investors are increasingly doubtful about the timely delivery of justice, which affects the success of programs like ‘Make in India’. Judiciary is unable to handle the “avalanche” of litigation. Judiciary becomes overworked and lose its efficiency. Justice delayed is justice denied and Justice hurried is justice buried.
Conclude with what needs to be done, suggest solutions.