Author: Anand Pandey, Atal Bihari Vajpayee School of Legal Studies, CSJMU, Kanpur Nagar
TO THE POINT
Justice is meaningful only when it is delivered on time . Due to millions of cases pending in indian courts there are serious delays in delivering justice. This delays affects citizens rights , increases suffering and weakens faith in the judicial system . Indian Democracy is facing judicial pendency as one of the biggest problem in todays time. Fairness , equality , and the rule of law is ensured by addressing this issues.
ABSTRACT
The Indian constitution and fundamental rights are protected by the indian judiciary . Indian judiciary is also considered as guardian of constitution and human rights . Despite constitutional guarantees of speedy justice, courts across levels face an overwhelming backlog of cases due to factors such as inadequate infrastructure , procedural complexities and rising litigation . Massive pendency and excessive delays of cases in courts arises questions on indian judicial system about their efficiency . The judiciary plays a crucial role in maintaining law and order and protecting citizens rights. Despite this, people often wait for years or decades for their cases to be resolved . This delay discourages people from seeking legal remedies and increases dissatisfaction with the system.
The phrase “Justice delayed in justice denied “ sufficiently highlights present view with the convergence of current scenario. Judicial delay not only affects the parties involved but also impacts society by encouraging injustice and inequality .
LEGAL JARGON
To understand the issue clearly , it is important to know some key legal terms:
Judicial Pendency: Cases that are filed but not yet decided by courts.
Speedy Justice : Justice delivered without unnessary delay
Undertrial prisoner : A person who is in jail while their trial is still pending
Adjournment : Postponed of a court hearing
Backlog of cases : Accumulation of unresolved cases over time
Access to justice : Ability of people to seek legal remedies easily.
PROOF (Legal and Constitutional Basis)
The Indian legal system recognizes speedy justice as a fundamental right
ARTICLE 21 of the indian constitution guarantees the rights to life and personal liberty . The Supreme Court has interpreted this article to include the right to speedy trial.
Directive Principles of state policy emphasize equal justice and free legal aid
Law Commission Reports have repeatedly highlighted the urgent need to reduce judicial delays.
Government initiatives such as Ecourts , fast track courts, lok adalats serve as proof that the problem is officially recognized.
CAUSES OF JUDICIAL PENDENCY
Shortage of Judges
Frequent Adjournments
Complex Legal Procedures
Poor Infrastructure
Increasing Litigation
CASE LAWS
Hussainara Khatoon Vs State of Bihar
The case of Hussainara Khatoon v. State of Bihar (1979) is a landmark judgment by the Supreme Court of India that established the right to a speedy trial and the right to free legal aid as fundamental rights implicitly guaranteed under Article 21of the Constitution.
The case, initiated as a Public Interest Litigation (PIL), exposed the plight of numerous undertrial prisoners in Bihar who were incarcerated for lengthy periods without trial, sometimes exceeding the maximum sentence they could face. The Supreme Court affirmed that a speedy trial is integral to the “right to life and personal liberty” protected by Article 21, stating that unreasonable delays infringe upon this right.
P. Ramachandra Rao Vs State of Karnataka The court ruled that speedy justice is essential , but fixed time limits cannot be applied to all cases due to their complexity.
Salem Advocate Bar association Vs Union of india The supreme court emphasized procedural reforms to reduce delays and prevent misuse of adjournments.
Imtiyaz ahmad Vs State of Uttar Pradesh The court expressed serious concern over increasing pendency and recommended structural judicial reforms.
IMPACT OF DELAYS IN JUSTICE
Denial of justice to victims
Mental stress an financial burden on litigants
Loss of public confidence in the judiciary
Suffering of undertrial prisoners
Encouragements of corruption and misuse of law .
CONCLUSION
Delays in justice and judicial pendency pose a serious threat to india’s legal system . Although the constitution guarantees speedy justice , practical difficulties continue to hinder its delivery, Increasing the number of judges , improving court infrastructure , limiting adjournments and promoting alternative dispute resolution methods can significantly reduce pendency.
Timely justice strengthens democracy and restores public faith in the judiciary . Therefore , urgent reforms are necessary to ensure that justice in india is not only fair but also swift.
FAQS
What is judicial pendency ?
Judicial pendency refers to cases that remain undecided in courts.
Which constitutional article supports speedy justice?
Article 21 of the indian constitution.
Why is delay in justice a problem ?
It leads to denial of justice , mental stress and loss of trust in the system.
Name a landmark case on speedy trials?
Hussainara khatoon Vs State of Bihar
How can judicial pendency be reduced ?
By appointing more judges , using technology, reducing adjournments and encouraging alternative dispute resolution.
