SC backlog up 62 pc in 4 years

16 Mar’ 2010, Satya Prakash, Hindustan Times



New Delhi: The backlog of cases in the Supreme Court has risen 62 per cent in the last four years, amid all the discussions in legal and government circles on how it should be brought down.

The total number of cases pending in the apex court was 55,791 at the end of 2009, against 34,481 in 2005, according to figures released by the Supreme Court itself.

The trend in the Supreme Court is all the more surprising when the number of pending cases in the lower courts is increasing at a much slower pace. The average backlog in subordinate courts rose by just 7.35 per cent in the last three years, while it went up 11.84 per cent in the high courts during the same period.

Six high courts — those of Delhi, Bombay, Gujarat, Chhattisgarh, Uttaranchal, Kerala and Jharkhand — actually managed to bring down their backlogs.

“The Supreme Court was meant to decide only constitutional matters of great significance,” said senior advocate K. K. Venugopal.

“But today it deals with a whole lot of other matters too. The apex court wants to correct every error in every judgment passed by about 600 judges of 22 high courts and a large number of tribunals. This is bound to increase the backlog.”

Venugopal suggested the Supreme Court should confine itself only to important constitutional matters and disputes between states, or those between states and the Centre.

“It can be done if a Court of Appeal is created in each region to hear and decide appeals arising out of judgments passed by high courts,” he said. “This will drastically reduce the number of Supreme Court cases.”

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Are legal reforms in India making a difference to justice rendered?

We have heard of reforms happening in banking sector, co-operative sector, country's fiscal system, police reforms, legal reforms and so on. But are these reforms making any change to your and my life as an India? That is a Kaun Banega Crorepati question that Big B and Small S (yes Shahrukh Khan) forgot to ask when they had their chance on national TV.

In case of legal reforms, statistics show that the positive effect is showing in justice system. People have become more demanding about getting justice as more and more have become aware of their rights and have said enough is enough, things have to change for good for everyone. More and more, both high profile and unknown cases are being finalised. Judges have become more powerful and exercising their rights. Lawyers are beginning to provide better service to their clients. Law as a profession is getting respectable and is a high growth area for those who are only concerned about how much money they can make in life. National Law Schools are a big hit. Several private and public law school students are getting 6 and 7 figure salaries right out of college.

During the last quarter of 2007, over 35.08 lakh cases were filed in subordinate courts across India while 33.76 lakh cases were disposed of. The gap between filing and disposal added 1.32 lakh cases during the last quarter of 2007. During the same period, 3.68 lakh cases were filed in the 21 high courts while the disposal was just 3.26 lakh cases. This added 41,674 cases to the arrears for the quarter.

But there is good news from the Supreme Court, where disposal was more than filing during January-March 2008. Against a total of 21,429 cases filed, the Supreme Court disposed of 22,68 cases. One only hopes that the trend will percolate to high courts and subordinate courts.

Overall, legal reforms are finally happening. Results are trickling in. Better justice system is getting in place. Tax rupees are working and we as Indians are getting justice on time. Hopefully, "justice delayed is justice denied" will become a slogan of the past as far as India is concerned. I look forward to that day!