As possible solutions to pending cases and delay in the Indian legal system, this paper suggests that the Indian judiciary should aggressively push mediation program in its courts.
Author
Yonghwan Choung, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Based on several kinds of research, some scholars and legal practitioners already reveal that there are a huge number of pending cases and delays in the Indian legal system. They stated that there is no difference in pendency based on the subordinate and higher courts, and geographical locations. This research will review the causes of pendency and delay, and possible appropriate solutions in the Indian judiciary.
Under the traditional perspective, the Indian judiciary has been suffering from a lack of adequate infrastructure, both physical facilities and manpower. In addition, it was reported that about 41 percent of positions for the judge were vacant in 2015. However, it does not fulfill the vacancy of necessary positions.
Furthermore, there are other causes to increase the delay and arrear in the Indian legal system, caused by judges and lawyers. About 30 percent of Indian lawyers obtained their bar licenses based on a fake law degree.
In addition, Indian lawyers are currently charging their fees based on physical presentation. In order to charge more, they might adjourn the court’s schedule and some judges allowed them to reschedule to another date even though they recognized the improper intent.
As possible solutions, this paper suggests that the Indian judiciary should aggressively apply for the current mediation center program in its courts.
Also, during the pandemic, the Indian judiciary already suffered from a complete lockdown. In order to prepare for another pandemic, it needs to adopt a secure platform for Online Dispute Resolution, with participants’ positive attitude to reduce pendency and delay.
Published in: Korean Corruption Studies Review
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