Addressing India’s Judicial Backlog: A Simple Yet Overlooked Legal Provision

For years, the Indian legal system has been likened to a ‘leaking tap’, where the continuous influx of new cases far exceeds the rate at which they are resolved. This chronic issue has resulted in an overwhelming backlog of over 50 million cases, highlighting a systemic challenge that requires urgent attention. While various solutions, including increasing the number of judges and digitizing court records, have been suggested, a potent remedy already exists within the country’s legal framework: the restriction on adjournments.

The potential for reform lies in strict adherence to the existing ‘Rule of Three’, as outlined in the Code of Civil Procedure. This provision dictates that no party in a civil suit can receive more than three adjournments during hearings. On the criminal side, the recently enacted Bharatiya Nagarik Suraksha Sanhita has further tightened constraints, limiting adjournments to just two. Additionally, the law stipulates that parties seeking delays should incur costs, aiming to deter frivolous requests for adjournments.

Despite these robust legal provisions, a pervasive culture of adjournments has rendered them ineffective. In practice, cases in subordinate courts often witness between 12 to 30 adjournments on average, severely hindering the judicial process. This discrepancy between the legal framework and real-world application raises questions about the commitment to timely justice in India.

By implementing the ‘Rule of Three’ more rigorously, the Indian judiciary could transform its current operational tempo from a protracted marathon into a swift race towards justice. The judiciary’s ability to clear the backlog could be significantly enhanced, potentially restoring public confidence in a system seen as slow and inefficient.

Moreover, this shift could lead to more expedient resolutions, enabling litigants to access justice without enduring prolonged delays. Ultimately, the focus on reducing adjournments is not merely about speed; it is about ensuring that the legal rights of citizens are upheld and that justice is served in a timely manner.

Source: scroll.in