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Thursday, Aug 16, 2007
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Backlog of cases causing concern: CJI

Legal Correspondent

“Judiciary has protected freedom and constitutional values”

K.G. Balakrishnan

New Delhi: Chief Justice of India K.G. Balakrishnan on Wednesday voiced his concern over the mounting number of cases in various courts and consequent delay in dispensation of justice.

Speaking on the lawns of the Supreme Court after hoisting the national flag, Mr. Justice Balakrishnan said, “In the past 60 years, the judiciary has played an invaluable part in safeguarding and protecting our freedom and constitutional values. It is the duty of both the Bench and the Bar to uphold India’s constitutional values and I am proud to say that they have performed this duty with great diligence and assiduousness and would continue to do so.” He said: “Enlarging the ambit of fundamental rights and encouraging public interest litigation have been the hallmarks of the Indian judicial system. This would not have been possible had the court not been aided and assisted by proficient and committed Bar, whose sensitive attitude towards the needs of the common man, the underprivileged and the destitute is laudable.”

He said that even as the courts in India, hearing the largest number of cases in the world, zealously guard the rights and liberties of the people, the arrears in cases continued to be on the rise. “This causes a great delay in deciding cases and results in justice being rendered inaccessible. Consequently, the people’s faith in the judicial system begins to wane, because justice that is delayed is forgotten, excluded and finally discarded.”

Mr. Justice Balakrishnan said “it is imperative, therefore, to introduce innovative and creative solutions to tackle this hindrance.” He said various High Courts had introduced ‘evening courts,’ ‘mobile courts’ and ‘e-courts’ to make justice accessible to the remotest areas. Introduction of a nationwide case management system might be initiated so as to reduce cost of litigation, reduction in arrears and efficacious justice delivery system.

He said “the inadequate strength of the judiciary is another pressing concern and needs to be looked into at the earliest. This issue was examined by the Law Commission in its 120th report, yet the judicial system craves for more judges at all levels, especially at the level of the lower judiciary.”

He said the lower judiciary was hindered by inadequate infrastructure as well as poor working conditions in certain areas. “This is a pressing concern since most cases do not go beyond the lower judiciary. It is thus imperative to modernise the lowest rungs of the judicial system and introduce high quality and modernised training academies for the judges and lawyers.”

Solicitor-General G. E. Vahanvati said India was the only country in Asia which ensured that the Rule of Law prevailed and the fundamental rights of the citizens were guarded, the credit for which should go to the judiciary. Despite inadequate infrastructure such as court rooms, the judiciary had remarkably risen on every occasion to protect the fundamental rights.

President of the Supreme Court Bar Association P. H. Parekh traced the role of the judiciary in protecting the Constitution and the rights of the citizens.

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