Topic: Structure, organization and functioning of the Executive and the Judiciary
Q3. “The right to appeal loses much of its substantive value when adjudication itself becomes uncertain and excessively delayed.” Evaluate the safeguards available to protect litigants from such delays. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question
The issue of judicial delays and long-pending appeals has gained attention following recent Supreme Court observations on extraordinary delays in criminal appeals, raising concerns about access to justice and protection of constitutional rights.
Key Demand of the question
The question requires examining how excessive delays undermine the practical value of the right to appeal and evaluating the constitutional, judicial and institutional safeguards available to protect litigants from such delays.
Structure of the Answer:
Introduction
Briefly link timely justice with Article 21, rule of law and effective access to justice in a constitutional democracy.
Body
- Impact on right to appeal: Show how prolonged delays weaken the effectiveness and purpose of appellate remedies.
- Constitutional and judicial safeguards: Discuss legal and constitutional protections evolved by courts to ensure timely adjudication.
- Institutional safeguards and reforms: Examine administrative, technological and procedural mechanisms aimed at reducing pendency and protecting litigants.
Conclusion
Highlight that meaningful access to justice requires not merely availability of appellate remedies but their timely and effective adjudication through continuous judicial reforms.
