1. Citizens’ Appeal :Ensuring
Expeditious And Timely Justice
To All
HUGE WEIGHT OF THE “PAST”
A Revamped Judicial Structure
Backed By A Plethora Of Resources
Team Details :
 Yagya Srivastava(Team Coordinator)
Ravi Gangal
Samprathi Gowda
Shreya Jasoria
Tanu Shrivastava

2. Indian Judicial System : A Glorious past
but a failure in providing timely justice
“Indian judiciary would take 320 years to clear the backlog of 31.28 million
cases pending in various courts including High courts in the country” –
Justice V.V.Rao
Food For Thought-
• According to Supreme Court newsletters, there are 58,519 cases pending in the
supreme court, out of which 37,385 are pending for more than a year, at the end
of 2011. Excluding connected cases, there are still 33892 pending cases .
• As per the Ministry of Law and Justice there are 43.2 lac cases pending in the High
Courts and 2.69 crore cases pending in the district courts.
• The cry for speedy justice is going to be shriller in the next three decades as a
conservative judicial estimate predicts that case pendency is going to register a
five-fold increase to touch 15 crore but the judge strength will go up only four
times to settle at 75,000.
• The courts in India function only for 210 days in a year making it one of the least
working courts in the world hereby adding to the massive backlog.

3. Major
Areas of
Concern
Lack of Body
to check the
functioning
Meagre Judge
to Population
ratio
Lack of
Alternative
Dispute
resolution
System
Early
Retirement
age of Judges
Faulty
Vacation
system
Fast track
court system
“I don’t believe in taking one big step that causes a change ,
I believe in taking many steps that cause a big change” - Chanda D. Kochchar
Snapshot to solution proposed –
Manpower
Induction of
more judges
Increasing
retirement
age
Implementation
Revising the
fast-track
court system
Giving
Alternative
Dispute
Resolution
System a
push
Machinery
Constituting
a body to
check
functioning
Correcting
the Vacation
System

4. Meagre Judge to Population Ratio
Issue
India has roughly 12 judges per million
population, as compared to America, or
any other country which have an average
of 50 or 55 judges per million .
This implies that if you have one-fifth the
number of judges, a case that would
have taken one year will take five years.
Because a judge has on his schedule
every day five times the number of cases
that he ought to have, the judges are
adjourning four-fifths of all the cases and
dealing only with one-fifth.
More the number of judges more shall
be the amount in which cases shall be
Solutions
According to our estimates a developing
nation such as ours needs roughly
60 judges per million, which means
India has to increase the number of judges
five fold.
0
50
100
150
Number
of Judges
per
million
citizens
“A litigant's right to speedy justice could be
meaningful only if a minimum of 20,000
more judges' posts were created for the
trial courts.” – Justice B.S.Chauhan

5. Early Retirement Age Of Judges
Issue
When we adopted and gave to ourselves the Constitution in 1949,
the retirement age of Judges was fixed at 60 years for High Courts and
65 years for the Supreme Court. For the High Court Judges, 60 years was
increased to 62 years in 1963. At that time the normal life expectancy
was about 60 years. With the changes in social and financial set-up as
well as medical facilities, the present normal life expectancy is about 70
years. Barring few exceptions, a person is fit and fine at the age of 62 or
even 65 years. In our country, except for the judges, the retirement age in
some quasi-judicial bodies has been increased.
Sanctioned Working vacancies
Supreme
Court
31 28 3
High Courts 906 631 275
District
Courts
16721 13730 2991
Solution
. In the circumstances, the constitutional
provisions need a change for enhancing the
age of retirement of High Court and Supreme
Court Judges at least by five years.
Corroborative reasons:-
•With a larger tenure, judges may acquire more
maturity, learning and experience
so necessary for a judge.
•One judge would be able to dispose off a larger no.
of cases.
•This move would prevent the High Court judges
from vacating their seats in the
High Courts and running to the
Supreme Court to enjoy 3 more years
employment.
The countries which have robust judicial system have either
opted for an average retirement age of 70 or absolutely no
retirement age at all for their judges.
Countries Retirement age
(supreme Court
judges)
Australia 70
Canada 75
Ireland 70
United Kingdom 75
U.S.A. NO LIMIT!

6. The Alternative Dispute Resolution System in India
needs a push
The justice dispensing system in India has
come under a great stress for several
reasons, chief of them being huge
pendency of cases in courts underlining the
need for Alternative Dispute Resolution
(ADR) methods. Today Law Courts in India
are facing the problems of Inadequacy of
courts and judges, Increase in the number
of cases due to multifarious acts enacted
by Central & State Governments, high costs
in prosecuting or defending a case in a
court of law & delay in disposal of cases
has created scope for an alternative.
The ADRS in India is less known of to the
masses as an option of getting justice.
Arbitration Centres would play an
important role in reducing the burden
of courts by solving pending cases and
these centres would give judgement
within 4-5 months.
We propose that the government
should release funds for the awareness
of the ADRS. This shall lighten the
burden and will be beneficial in the
long run. An estimated 70,000 cases
were resolved with the ADRS.
Issue Solution
Types of ADRS in India
•Mediation
•Arbitration
•Lok Adalats
•Conciliation
“To reduce pendency of cases in courts ADR would work as a key tool. Towards this endeavour, the legal services authorities’
act 1987 should be amended from time to time to facilitate use of ADR methods” – Veerappa Moily

7. Changes should be made to the Vacation System
• Issue
The number of holidays and vacations enjoyed by our judicial staff make our judicial machinery one of the most
underworked in the world. There are 22 declared holidays apart from weekends added to the one week holiday each for
Dussera and Christmas but the summer vacation of roughly 35 days has no legal sanction. The concept of having a summer
break was introduced by the English who could not bear the heat . This logic however should have fallen from grace
considering the fact that now every judicial establishment is air-conditioned. This is a clear wastage of human resource. The
Litigants are interested in early disposal of their cases. Vacations of courts cause a delay in speedy disposal of cases and is
against the interest of the people. It violates article 14 and 21 of the Constitution.
230th Law Commission report suggested that the vacations in the higher judiciary must be curtailed by at least 10 to 15 days
and the court working hours should be extended by at least half-an hour. The then law commission chairman
A.R.Lakshmanan remarked, “ there is no provision in the High Court rules or the Constitution to close the courts for more
than a month . The British practice was anti-people , anti-democratic and anti-judicial”
• Solution
Considering the huge backlog of cases pending in he courts certain immediate measures should be taken . We are not
against the vacation of the judges , we are against the complete closure of the courts . Judges should be given a limited
break not exceeding 2 weeks during the summers and that too in rounds so that the court is functioning throughout the
year. Efficiency in management of human resource should on top of our priority list.
Holidays excluding weekendsNumber of holidays of Indian Courts

8. Changes should be made to the Vacation System
• Issue
The number of holidays and vacations enjoyed by our judicial staff make our judicial machinery one of the most
underworked in the world. There are 22 declared holidays apart from weekends added to the one week holiday each for
Dussera and Christmas but the summer vacation of roughly 35 days has no legal sanction. The concept of having a summer
break was introduced by the English who could not bear the heat . This logic however should have fallen from grace
considering the fact that now every judicial establishment is air-conditioned. This is a clear wastage of human resource. The
Litigants are interested in early disposal of their cases. Vacations of courts cause a delay in speedy disposal of cases and is
against the interest of the people. It violates article 14 and 21 of the Constitution.
230th Law Commission report suggested that the vacations in the higher judiciary must be curtailed by at least 10 to 15 days
and the court working hours should be extended by at least half-an hour. The then law commission chairman
A.R.Lakshmanan remarked, “ there is no provision in the High Court rules or the Constitution to close the courts for more
than a month . The British practice was anti-people , anti-democratic and anti-judicial”
• Solution
Considering the huge backlog of cases pending in he courts certain immediate measures should be taken . We are not
against the vacation of the judges , we are against the complete closure of the courts . Judges should be given a limited
break not exceeding 2 weeks during the summers and that too in rounds so that the court is functioning throughout the
year. Efficiency in management of human resource should on top of our priority list.
Holidays excluding weekendsNumber of holidays of Indian Courts

9. Constituting an independent body to check the functioning of courts
Members of
Body
Retd. Judges
and other
judicial officers
Non-Practicing
Advocates
Citizen
Representatives
Civilians
Candidates for
election
Elections
A body should be constituted which shall overlook the functions of the judiciary. This body shall be independent of the
polity and the influence of any other government entity. Retired judges, non-practicing advocates and public figures
who work for the betterment of the legal field shall form an electoral pool . After several rounds of debates and
discussions on their ideologies few out of the lot shall be selected to finally stand for elections .Civilians shall be free to
vote from the filtered candidates who shall form the body.
Debates , Discussions and ideas
Functions of the body
•Checking the efficiency of the courts
•Check the implementation of rules and regulations
•Check for malpractices
•Act as a forum for complaints against long pending cases.
•Shall facilitate speedy trials by setting up guidelines.
•Shall give special importance to cases of national interest.
The body shall act in the same way as the Chief Vigilance
Commission does in the case of bureaucracy i.e. check for
corruption added to its primary function of checking
efficiency.

10. The Proposed Actions will require an estimated
INR 56cr of funding from the government
Organisational
Costs
• Establishment of Independent Body [10cr]
• Maintenance and election costs of Independent body[10cr]
Implementation
Costs
• Promotion of Alternative Dispute Dispute Resolution System
and conducting it more frequently. [2cr]
Functioning
Costs
• Increasing the Number of judges and retirement age.[12cr]
• Cost of running the courts in the vacation period.[12cr]
Infrastructural
costs
•Establishment of more fast track courts[10cr]
Establishment of an Independent Body and Establishment of more fast-track courts one time costs .Other cost estimates are to be
borne by the state governments annually .
The estimated costs are to be borne by the state and the central government equally .We also propose to raise an additional 100-120
crores as forwards from philanthropists and other NGOs who deal in the legal field.

11. Improving the condition of Fast Track Courts
Issues:
• No. of Courts- There have been only 1192 fast track
courts established in the country till last year. Such a
less number of availability of these courts proves to
be a hindrance in ensuring expeditious justice to the
people
• Financial Assistance- The lack of funds is another
major problem being faced by these courts. They have
been decreasing their establishment and as a result
the strengthening of these courts has been a problem
in the contemporary times.
• Awareness- The common man is of the view that by
going to these courts he would not ensure proper
justice and there would be no remedy provided to
him, because the cases would be settled in very less
time span.
• Less viable- The fast track courts lack the very factor
of viability. They have not been efficient enough to
serve as a panacea to the people striving for justice.
Solutions:
Fast Track Courts have been established for the
purpose of providing timely and expeditious justice.
Thus, according to our estimation there number should
increase and the government should implement the
suggestions provided by the Law Commission reports
from time to time. The Financial resources provided for
the establishment of these courts should be used
efficiently. The preconceived notion of the common
man that by going in for fast track courts he would not
get justice in true sense because of the hastiness
should be done away with. The government should
therefore release funds to raise awareness about the
beneficial functions of the fast track courts.
Year Grant released
2005-06 Rs.100.00 crore
2006-07 Rs.100.00 crore
2007-08 Rs. 57.2 crore
2008-09 Rs. 54.56 crore
2009-10 Rs. 56.13 crore
2010-11 Rs. 73.16 crore
State FTC Top 5
Bihar 179
U.P 153
West Bengal 109
Andhra Pradesh 108
Bottom 5
Manipur 2
Nagaland 2
Meghalaya 3
Mizoram 3
Tripura 3

12. Other Possible Techniques
Through our intensive research we came across further solutions though minute in
nature they can still play an important role in deciding the time taken by the court
for the judgment-
[1] There must be full utilization of the court working hours.
The judges must be punctual and lawyers must not be
asking for adjournments, unless it is absolutely necessary.
[2] Many cases are filed on similar points and one judgment can
decide a large number of cases. Such cases should be
clubbed with the help of technology and used to dispose
other such cases on a priority basis; this will substantially
reduce the arrears.
[3] Judges must deliver judgments within a reasonable time and
in that matter, the guidelines given by the apex court in the
case of Anil Rai v. State of Bihar, (2001) 7 SCC 318 must
be scrupulously observed, both in civil and criminal cases.
[4] Lawyers must curtail prolix and repetitive arguments and
Should supplement it by written notes. The length of the oral
argument in any case should not exceed one hour and thirty
minutes, unless the case involves complicated questions of
law or interpretation of Constitution.
[7] Judgments must be clear and decisive and free from
ambiguity, and should not generate further litigation.
“Our principle is simply this –
Uniformity when you can have it,
Diversity when you must have it,
In all cases, Certainty” – Lord Macaulay
Here not only the future policies but the backlog of the past is also to be taken care of and
we estimate that if the provided steps are worked out in an efficient manner then the pendency
in the courts shall reduce by an estimated 3-5% a year.

13. •Our proposed steps to revamp the Judicial System
faces the following possible challenges
Conceptual Risks
• Government and the
Judicial administration do
not see the imminent need
to take the proposed steps
or release funds.
• The litigants do not feel
the need of speedy and
expeditious justice.
• Minimal or no interest
taken by the political class
who play a vital role in the
initial stages.
Implementation Challenges
Difficulty in taking on board
the new and much larger
workforce.
The management of the
judges and their upkeep
shall pose as a challenge.
Efficiency plays a key role in
the proposed steps which
lacks in the present form of
judiciary it will be difficult to
bring forth a complete mind
revolution.
Mitigation Factors-
•Funding from other sources
Such as donations from
Philanthropists or NGOs .
• Spreading awareness of
the imminent threat and
future circumstances if not
acted now.
•Campaigns and spreading
of awareness . Trying to
make it a public demand.
Mitigation Factors-
•Hiring experienced
management staff.
•Urging the political
class to take necessary
steps.
•Maintaining an
Independent body to
keep a check on efficiency.

14. References
• Delay in Process, Denial of Justice: The Jurisprudence and Empirics
of Speedy Trials in Comparative Perspective
• Law Commission of India Report 221 ( Need for Speedy Justice-
some suggestions)
• Law Commission of India Report 79
• Speedy Justice is a right, says Supreme Court
• Justice Quotes in brainy quotes
• Judicial System of US, UK, France, Germany & Australia
• www.loksatta.org
• www.telegraphindia.com
• The Hindu article- when India had 1500 fast track courts
• Department of Justice( Ministry of Law & Justice)
• 230th Law Commission Report