International Journal of Social Science & Economic Research
Submit Paper

Title:
THE IMPACT OF PENDING COURT CASES ON THE EFFICACY OF THE JUDICIAL SYSTEM IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED”

Authors:
Ananya Dalmia

|| ||

Ananya Dalmia
Unison World School

MLA 8
Dalmia, Ananya. "THE IMPACT OF PENDING COURT CASES ON THE EFFICACY OF THE JUDICIAL SYSTEM IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED”." Int. j. of Social Science and Economic Research, vol. 8, no. 10, Oct. 2023, pp. 3086-3104, doi.org/10.46609/IJSSER.2023.v08i10.005. Accessed Oct. 2023.
APA 6
Dalmia, A. (2023, October). THE IMPACT OF PENDING COURT CASES ON THE EFFICACY OF THE JUDICIAL SYSTEM IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED”. Int. j. of Social Science and Economic Research, 8(10), 3086-3104. Retrieved from https://doi.org/10.46609/IJSSER.2023.v08i10.005
Chicago
Dalmia, Ananya. "THE IMPACT OF PENDING COURT CASES ON THE EFFICACY OF THE JUDICIAL SYSTEM IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED”." Int. j. of Social Science and Economic Research 8, no. 10 (October 2023), 3086-3104. Accessed October, 2023. https://doi.org/10.46609/IJSSER.2023.v08i10.005.

References

[1]. Available at www.njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard
[2]. 1978 AIR 527, 1978 SCR (2) 777 Available on https://indiankanoon.org/doc/1515744/
[3]. Allan, T. R. S. (1994). Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism. (Oxford University Press)
[4]. Aradia Claudia, Huysmans Jef, Neal Andrew, Voelkner Nadine, (2015). Critical Security Methods: New Frameworks for Analysis 75 (Routledge Publishers).
[5]. Barry Walsh, Judicial Productivity in India, 1 IJCA 23 (2008).
[6]. Crenshaw, K.W. (2013). Traffic At the Crossroads: Multiple Oppressions, 43-57 WASHINGTON SQUARE PRESS.
[7]. Darren Allen, (2004). The Constitutional Floor Doctrine and the Right to Speedy Trial, 26 CAMPBELL L. REV. 101, 103 Department of Justice, Report of the Working group for the 12th Five Year Plan (2012-2017)
[8]. Department of Justice, 3 (Ministry of Law & Justice, Government of India, 2011).
[9]. Ghosh, Yashomati (2017). Indian Judiciary: An Analysis of the Cyclic Syndrome of Delay, Arrears and Pendency, ?????????????????????????
[10]. Gormley W. Paul, (1981). The Emerging Dimensions of Human Rights: Protection at the International and Regional, 17 BANARES L.J. 1
[11]. Government of India, ‘Vohra Committee Report on Criminalisation of Politics, Ministry of Home Affairs’ (1993).
[12]. Justice VS Mali math Committee, Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs Report (Volume I) 133-145 (Ministry of Home Affairs, Government of India, 2003).
[13]. Kaushik, Shivam & Singh, Anushri, (2018). All India Judicial Services: Problems and Prospects, 11 NUJS L. REV. 519
[14]. Law Commission of India, 14th Report on Reforms of Judicial Administration, Vol. I, 129 (Ministry of Law, Government of India, 1958)
[15]. Law Commission of India, Reforms in the Judiciary: Some Suggestions, Report No.230, (January 2009)
[16]. Mahadik Dushyant, (2018). Analysis of Causes for Pendency in High Courts and Subordinate Courts in Maharashtra, 58-68 (Administrative Staff College of India,).
[17]. Perry Jamanda, (2002). The Relationship between Legal Systems and Economic Development: Integrating Economic and Cultural Approaches, 29 J.L. & Soc'y 282
[18]. https://russianlawjournal.org/index.php/journal/article/view/550/344
[19]. An overview of Fast Track Courts
[20]. Gram Nyaya Laya final report
[21]. 27th Report of law commission of India, 1964
[22]. https://indianexpress.com/article/india/district-courts-2-81-crore-cases-pending-5000- judges-short-across-india-4475043/
[23]. http://supremecourtofindia.nic.in/p_slat/pmo01052017.pdf
[24]. http://supremecourtofindia.nic.in 25.
[25]. http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2003010700561000.htm&dat e=2003/01/07/&prd=th&
[26]. http://iecolumnists.expressindia.com/full_column.php?content_id=23229
[27]. Supreme Court of India; National Judicial Data Grid for High Courts and Subordinate Courts (last accessed on September 15, 2021);
[28]. Vacancy Statements (2019-2021), Brief Note on the Scheme of Fast Track Courts (Non- Plan), Department of Justice; Report No. 101, Standing Committee on Personnel, Public Grievances, Law and Justice (2020);

ABSTRACT:
In a progressive and developing society, one of the sound principles of the felonious justice system is that “Justice delayed is justice denied'. The detention in division of justice negatively affects the two important abecedarian rights which are, right to pierce justice and the rule of Law. Both are the part of the Indian Constitution. In colourful opinions, the Indian Supreme Court has under scored the significance of quick trial. Right to speedy trial is one of the angles of the Right to life and particular liberty under Composition 21 of the constitution of India. According to the Ministry of law, there are nearly five crore cases are pending as of now in courts3. India is on the top in pending of cases across the globe. Despite the establishment of the bars, the situation of pendency is getting worse. There are several reasons which can be attributed to the situation of pendency of cases. Government needs to act in controlling the backlog of cases so that time justice could be communicated to all parts of the society. In this exploration paper, the author discusses the problems with the Indian bar and the need to strengthen court operation to reduce case pending times.

IJSSER is Member of