2. 0
50
100
150
200
250
300
Number of Cases Pending
in different cases (in lakhs)
Number of
Cases
Pending in
different
cases (in
lakhs)
India is a country which has the best laws in
the world, we have the largest constitution in
the world.
But still our country lacks in providing justice
to the citizens of our country. As we can see
that there are more than 3 crore pending
cases in our judiciary and the maximum of
these are in the lower courts.
This may be because of frequent adjournment
of court work due to lack of proper
infrastructure, and the benefit of these are
taken by the Criminals. If the cases are
somehow solved within an year…. Which
seems less likely with the present scenario and
so as to Improve the condition we hereby
provide with some innovative solutions :
Pending Cases
Supreme Court – 63,851
High Courts – 43,40,867
Lower Courts – 2,68,51,766
3. Over 3 crore of cases are pending in India inspite of
having one of the largest judiciary in the world .
Number of cases increased in past three years is twelve
fold and rise in the judicial posts is only six fold.
Case from the rural areas are mostly pending due to
lack of financial and legal assistance.
Witnesses and proofs of various cases are being
threatened and manipulated .
65 % of the pending cases are criminal cases
Often delay is there due to absence of either of the
party because of lack of adequate number of police
constables.
5. Mediation, conciliation and arbitration.
It is beneficial for rural people who are
not able to pay for court fees, expenses
of the lawyers.
Lower level civil cases- maximum cases
will be solved at the lower level.
And there won’t be much burden for
the higher courts in civil cases.
Implementation
Until and unless we don’t public
mediation, conciliation, and arbitration.
For that the government must publicize
as the Polio movement “ Do Boond
Zindagi Ke”.
It must be conducted as many lok
adalats in the country, in every di-
monthly or tri monthly basis. The
funding for this solution would come
from the State Government.
Stake Holders
• Municipalities
• State Government
6. This solutions aims at creating a
separate judiciary for the pending
cases in your country. Its main aim
would be to solve the pending cases
of more than three years. All the
judgments given by these judiciary
would be binding on all the courts of
our country. This judiciary would be
named as “ NYAAYA”
Implementation
The separate Judiciary would be set up in the
existing courts by appointing retired judges
and the each pending case is to be solved
within the time frame of 2 months. It will be
working at all the 3 levels lower, higher and
supreme. In the supreme court of this
judiciary the chief will be from the retired
chief justice of India. Similarly the judges of
lower courts would be from the retired
judges of lower court, high courts from the
respective high courts and Supreme court
from the retired judges of Supreme Court.
This judiciary would be basically set for the
initial 3 years. The funding for this would be
done by the Central Government and as far
as salary of the judges is concerned it would
be a considerable amount in addition to
their pensions.
Stake Holders
• Retired Judges
7. Trials of Criminal Courts are often delayed because of summons on the accused is not
effected promptly. Similarly, delay occurs in securing the presence of the accused who
are in jail. The reason often assigned is that there are not adequate number of police
men and that the limited force available was required for emergency band bust
work, etc. The criminal courts do not have any effective control in this behalf over
functioning of the police constable. We, therefore recommend that adequate number
of police constables should be attached to each police station to work exclusively for
the work of courts and these constables would work according to the directions of the
court.
Stake Holders
•Police
•State Government
8. The witness protection program is a
protection program prevalent in the United
States that provides protection to the
witnesses in important cases . This program
also includes the police protection as well
as re allocation of the witnesses after the
trial is completed . It helps in providing
security to the witness so that without any
fear they speaks the truth which further
helps the court proceedings in giving a fair
trial. This prevents the unnecessary delay
that is usually there in the developing
countries like India .
Stake Holders
•Government
•Police
•Courts
Implementation
As we known that there is lot of work
that the Police of this country does, and
with the current system it not possible to
protect the witness as in many states
there is shortage of police force. For this
the State Government and the High Court
of that respective case must together
decide the number of policeman’s to be
recruited only for protection of witness.
The funding for the proposed solution
would be done by the state government.
9. WITNESS PROTECTION
will ensure that all the
important witnesses are
secured and the unnecessary
delay is avoided because of
various kinds of threat to
them .
ALTERNATIVE JUDICIARY
will ensure early disposal of
the pending cases which are
pending in the courts from
more than past 3 years . This
will also help in sharing of the
work load .
BETTER SUPPORT SYSTEM
will ensure more police force
which will ensure that the
delay which is their due to
absence of adequate number
of constables so that the
person can be presented in
the court is not there .
ADR
Maximum number of
pending cases in India are at
lower level of the courts or at
rural level . This will help in
ensuring that cases at lower
level are disposed off as soon
as possible .
10. WITNESS PROTECTION
Will the police work sincerely and not reveal
the names of the important witness. As we
all are aware that with paying bribes we can
get any information, so the major challenge
would be to protect the identity of the
witness.
ALTERNATIVE JUDICIARY
Will the already established judiciary in our
country willing to work with another
equivalent judiciary? Also, will the retired
judges agree to join the post of judges again
in this judiciary?
BETTER SUPPORT SYSTEM
Will the politicians provide a separate police
force that will exclusively work for the
judiciary.
ADR
In ADR huge population is to be dealt
with, so is the be difficult to manage public
at a large and if it is not done properly it will
create a chaos.
COMMON CHALLENGES
Are the political parties of ready to provide speedy trials as their many
cases registered against our Politicians ??
The next big issue is bout the funding, when the country is having a huge
amount of current account deficit where will the government provide
funds for this purpose