Indian judiciary has come a long way from being a committed judiciary during Nehru era. Indian judiciary developmental history is very unique. Indian judiciary has solved constitutional cases with exemplary nature without parallel in world. Be it Gopaknath case 1967, kesavanantha barathi case 1973, Bank nationalisation case, privy purse case Indian judiciary took stand with Indian realities and development in mind too.
presently Indian judiciary is completely understaffed with 50% of judicial officer posts vacant. Thousands of cases are languishing in every high court. It becomes Lakhs in Supreme Court. These are routine cases where justice delivery affects common man as an individual. There are some reasons which are responsible for court back log cases.
1. Government. It is very intriguing but true. Government is the largest litigant in India. Most cases are due to inefficient governance and non applicability of mind. Cases which require service matters of government officials are very huge in number. This could be solved by stopping witch hunting of honest officials, reducing official apathy and errors in service procedures as possible.
2. Unnecessary delays which are intentionally caused to drag cases. This is also mostly done by government sometimes to drag the case where government finds itself at fault. This is done making delay in submission, seeking unnecessary time to submit argument. Sometimes this is a tactic used by influential persons to make the other side to withdraw case by attrition.
3. Sometimes petty cases find their way too upto SC just because to satisfy the ego of parties involved.
We must also understand that in judicial system investigation, execution, etc. is done by government with leaves little scope for judiciary to solve cases quickly even if it wants to.
Sensitive case like Ayodhya, article 35 A, etc. are very difficult to solve.
4. PILs. It is true pils have bought dramatic and important changes in judicial history. But many PILs are just waste of time unneccarily impeding judiciary and governance too.
SC and government took several steps like
1. Setting up of tribunals in domain specific areas where natural justice is given more importance and to reduce court backlog.
2. NALSA is a step taken to solve petty cases which depends on mediation.
3. Court sometimes takes for day to day hearing of cases.
4. Court severely takes strong measures like calling for appearance of chief secretary to court which gives moral pressure to govt. to act faster.
Cases like right to privacy, triple talak are constitutional cases which can be solved by applicability of mind as they are pure legal and constitutional cases unlike certain criminal cases which needs years of hearing to produce evidence by Govt.
Law commission often suggests court of appeal to reduce sc cases with requiring it to deal with only constitutional cases. Civil society organisations have spoke of having regional benches in the four major metros.
Finally fast justice delivery system is just a work in progress.
The immediate neccessasary is to put and end to NJAC controversy by finalising the MOU. Previous Chief Justice literally cried in front of PM for the government to come to a compromise. The recent case of Subramaniam amicus curie issue of justice appointment is a clear case where government is at fault.
The immediate is to fill some backlog.