2) Better listing of cases can improve the quality and efficiency of the functioning of the courts in India. Critically analyze. (250 words)

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TopicStructure, organization and functioning of the Executive and the Judiciary.

2) Better listing of cases can improve the quality and efficiency of the functioning of the courts in India. Critically analyze. (250 words)

The hindu

 

Why this question

Indian judiciary forms a vital, dynamic institution in Indian society. However, despite its successes  (particularly the role of SC in upholding democracy and constitutional values), Indian courts have a staggeringly high case pendency ratios.  This is turn is a result of many ills affecting Indian judiciary. The issue is related to GS-2 syllabus under the following heading

Structure, organization and functioning of the Executive and the Judiciary.

Key demand of the question.

The question wants us to dig deep into the process of listing of cases, how they affect justice delivery; and bring out the amendments that can be made therein in order to improve the quality and efficiency of functioning of the courts.

Directive word

Critically analyze- we have to dig deep into the issue and discuss all the relevant and important aspects of the question in terms of the key demand of the question. We have to connect those aspects and at the end come with a personal opinion on the issue.

Structure of the answer

Introduction – Mention that for decades, the primary measure of court efficiency has been case disposal rates. Mention the number of pending cases in SC, HC, Lower courts.

Body-

  • Bring out how case listing impacts justice delivery. E.g erratic pattern, cases at the day end left, disinterest in older cases,  etc.
  • Discuss how case listing can be improved. E.g more systematic, distributed according to case type and stage, priority to older cases etc.

Conclusion– form a fair and balanced conclusion in 2-3 lines. Mention other factors affecting justice delivery- appointments, vacancy, corruption etc.