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2)Examine how organisational barriers and court processes that contribute to case delay in India, could be resolved. (250 words) 

Topic:Separation of powers between various organs dispute redressal mechanisms and institutions.

2)Examine how organisational barriers and court processes that contribute to case delay in India, could be resolved. (250 words) 

The hindu

 

Why this question

Indian courts suffer from huge pendency of cases and various attempts to resolve the same have not been largely successful. Besides, pending vacancies and deficit infrastructure, a host of issues related to organisational barriers and court processes delay justice delivery in India. The issue is related to GS-2 syllabus under the following heading-

Separation of powers between various organs dispute redressal mechanisms and institutions.

Key demand of the question.

The question wants us to describe briefly the organisational barriers and court processes that cause delay in case disposal in India. Then the question wants us to write in detail about how these barriers can be removed.

Directive word

Examine- We have to describe and explain the ways/ means/ techniques/ technologies that could be deployed to elicit a reform in organisational barriers and court processes, in order to decrease case disposal rates in India.

Structure of the answer

Introduction– Mention the huge pendency of cases in indian courts and mention the main reasons behind the same- e.g pending vacancies, infrastructure deficit, legal ambiguities etc.

Body-

  • Discuss some of the organisational barriers and court processes that hinder case disposal- e.g case listing process (e.g The uncertainty around which cases will come up for hearing means neither judges nor lawyers can plan their preparation, which compels lawyers to cite the simultaneous listing of multiple cases as an excuse for adjournments) , court infrastructure ( e.g inadequate support staff for judges to the dearth of basic courtroom facilities due to which judges are unable to perform their functions in a timely manner).
  • Discuss how these barriers could be removed.

            E.g bringing external support agencies to manage daily managemental operations of the court, increasing reliance on empirical data and courtroom technology, e-courts, national judicial data grid, Case Information System, file-tracking and knowledge management systems, provide Interoperability and compatibility with National Case Management System; Interoperable Criminal Justice System, National Legal Services Authority (NALSA) and other programmes to enhance the quantity and quality of Justice Delivery System. etc.

Conclusion- mention the imperative of a prompt justice delivery system and provide further suggestions like filling of vacancies, improving court infrastructure, rationalization of laws etc.