Pendency Of Litigation In India


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Pendency of Litigation in India- An eye opener: By Vijay Pal Dalmia, Advocate, Partner & Head IP & IT Laws division Vaish Associates Advocates

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Pendency Of Litigation In India

  1. 1. PENDENCY OF LITIGATION IN INDIA © 2009, India, All rights held by Vaish Associates Advocates, !0, Hailey Road, New Delhi-110001, India. Infringement in any form prohibited and actionable without further notice.
  2. 2. “ Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches”. <ul><li>Administration of justice involves not only protection of the innocent, punishment of the guilty, satisfactory resolution of disputes but most importantly delivery of justice on time is crucial for litigants. </li></ul><ul><li>The Indian Judiciary, working under considerable handicaps such as inadequate funds, budgetary allocations for law and justice not being part of the plan expenditure, shortage of resources, shortage of staff and infrastructure, shoulders the phenomenal burden of the volume of litigation and range of cases, the figures in the second limb reveal an acute need for alternative mechanisms for dispute resolution. </li></ul>
  3. 3. Causes: <ul><li>Inadequate number of Courts </li></ul><ul><li>Inadequate number of judicial officers </li></ul><ul><li>Judicial officers not fully equipped to tackle cases involving specialized knowledge </li></ul><ul><li>Dilatory tactics by the litigants and their lawyers who seek frequent adjournments and delay in filing documents </li></ul><ul><li>Role of administrative staff of the Court </li></ul><ul><li>Corruption and Red Tapism </li></ul>
  4. 4. CURRENT SCENARIO <ul><li>Figures of cases filed per thousand population comes around 1.2 per 1000 population in India, which is far less than 17 cases per 1000 in Malaysia and 14 per 1000 in Korea . </li></ul><ul><li>India in 2004, we had 11 judges per million population . </li></ul><ul><li>The Supreme Court of India itself has 189 holidays in 2009 with just 176 working days with only 24 Judges sitting at present. </li></ul><ul><li>Delhi High Court hears cases for five hours and 15 minutes a day, and is open for 213 working days a year. </li></ul>
  5. 5. MONTHLY STATEMENT OF PENDING CASES IN THE SUPREME COURT FOR MONTH OF APRIL 2009 Pending from the previous months Registered during the month Disposed of during the month Pending at the end of the month Admission Matters 30834 5743 5568 30928 Regular Hearing Matters 19329 822 926 19220 Total 50163 6565 6494 50148
  6. 6. CONTD. <ul><li>Recently Chief Justice of Delhi High Court Mr. A.P. Shah said in a report that &quot; it would take the court (Delhi High Court) approximately 466years &quot; to clear the pending 2,300 criminal appeals cases alone. </li></ul><ul><li>Over three million cases are pending in India's 21 high courts. </li></ul><ul><li>An astounding 26.3 million cases are pending in subordinate courts across the country. </li></ul><ul><li>In 2007 it has also been found that over a quarter of all pending high court cases are at Allahabad. </li></ul><ul><li>Delhi High Court had at least 629 civil cases and 17 criminal cases pending that were more than 20 years old as of March 2008. </li></ul><ul><li>Of the 72.6 lakh civil cases pending in the trial courts, UP accounts for the lion’s share with 12.3 lakh cases. Sikkim is the lowest with just 51 pending cases. </li></ul>
  7. 7. CONTD. <ul><li>In subordinate courts (2007 figures), Uttar Pradesh again topped the number of pending cases (4.6 million), followed by Maharashtra (4.1 million), Gujarat (3.9 million), West Bengal (1.9 million), Bihar (1.2 million), Karnataka (1.06 million), Rajasthan (1.05 million), Orissa (1 million), Andhra Pradesh (900,000). </li></ul><ul><li>The National Commission for Protection of Child Rights in India shockingly reveals that over 5,000 juvenile cases pending in Indian. Many of them have been languishing for over 12 years. </li></ul><ul><li>Of the pending cases in high courts 704,214 were criminal and 3.2 million were civil cases. </li></ul><ul><li>At the same time according to 2007 figures there are almost a quarter million under-trials languishing in jails across the country. the number of under-trials in India was highest in Maharashtra (15,784) , Bihar (with 628 prisoners) topped the number of states with the maximum number of under-trials kept for over five years. </li></ul>
  8. 8. TABLE 1: Strength of Indian Judiciary and Lawyers as on April 2009 Name of Court Approved Strength Actual Strength Vacancies Supreme Court of India 26 24 2 High Courts 719 521 198 Subordinate Court 13,204 11,103 2101 No. of advocates enrolled 8,58,294
  9. 9. TABLE 2: Pendency of litigation as on 30/6/2004 Name of Court Case Pending Average Institutions per year Average Disposal per year Supreme Court 29,315 42,200 40,400 High Court 32,24,144 12,41,000 11,23,500 Subordinate Courts 2.53,50,370 1,42,43,500 1,32,29,000
  10. 10. EXTENT OF CORRUPTION <ul><li>13.37 percent of total households in the country had interacted at least once with the judicial department in the last one year. This means, nearly 2.73 crore households had interacted with the judiciary to get one or the other service </li></ul><ul><li>Nearly 47.32 percent of those interacting with the judiciary had actually paid bribes. This works out to 6.32% of the total households, (approx. 129 lakhs) </li></ul><ul><li>The average amount of bribe paid to the judiciary was estimated to be Rs. 2095/ - (Rs. 2181/- for Urban households, and Rs. 1942/- for Rural households). Therefore the total monetary value of the bribe paid in the last one year works out to Rs. 2630/- crores. </li></ul><ul><li>There was a variation in the amount of bribe paid depending up on the nature of work. On an average bribe for a getting a favorable judgment was Rs. 2939/- while the average bribe paid for getting case listed was Rs. 799/- </li></ul>
  11. 11. Delay in Justice <ul><li>Uphaar Cinema case </li></ul><ul><li>Jessica Lal’s case </li></ul><ul><li>Nitish Katra Murder Case </li></ul><ul><li>Priyadarshani Matoo Murder Case </li></ul><ul><li>Rupan Deol Bajaj v. KPS Gill </li></ul><ul><li>Safdar Hasmi murder case </li></ul><ul><li>Tanduri murder </li></ul><ul><li>Madhumita Sharma </li></ul>
  12. 12. Speedy Trial and Justice <ul><li>Anil Rai vs. State of Bihar </li></ul><ul><li>M.H. Hoskot V. State of Maharashtra </li></ul><ul><li>Katar Singh v. State of Punjab </li></ul><ul><li>Sheela Barse v. Union of India </li></ul><ul><li>Hussainara Khatoon v. State of Bihar </li></ul><ul><li>Abdul Rahman Antulay v. R.S. Nayak </li></ul>
  13. 13. Technological Courts and Speedy Justice <ul><li>Basavaraj R. Patil v State of Karnataka </li></ul><ul><li>State of Maharashtra v Dr.Praful.B.Desai </li></ul>
  14. 14. REMEDIES <ul><li>Fast Track Courts </li></ul><ul><li>Mobile Courts </li></ul><ul><li>Shift system in subordinate courts </li></ul><ul><li>Lok Adalats </li></ul><ul><li>Alternative Dispute Resolution Mechanisms </li></ul><ul><li>Setting up of e-committee </li></ul><ul><li>Setting up of Gram Nyayalayas (Court) </li></ul><ul><li>Plea bargaining </li></ul><ul><li>Judicial Education and Training </li></ul><ul><li>Judicial Corruption to be rooted out mercilessly </li></ul>
  15. 15. REMEDIES CONTD. <ul><li>Declaration of Assets by Judges </li></ul><ul><li>Restatement of Values of Judicial Life </li></ul><ul><li>Model Code of Conduct for Subordinate Judiciary </li></ul><ul><li>Strengthening and Streamlining Vigilance Cells in High Courts </li></ul><ul><li>In-House Inquiry Procedure invoked against High Court Judges </li></ul><ul><li>Periodical Performance Evaluation and Removal of Judges and officers of Doubtful Integrity </li></ul><ul><li>Tightening the Selection Procedure of Superior Court Justices </li></ul>
  16. 16. Flat No 903, Indra Prakash, 21, Barakhamba  Road, New Delhi 110001 (India) Phone: +91 11 42492532 (Direct) Phone: +91 11 42492525 Ext 532 Mobile :- 9810081079 Fax: +91 11 23320484 email:- [email_address] Intellectual Property & Information Technology Laws Division