Vacancies in Courts: Causes and Solutions for Delay in Justice Delivery

Vacancies in Courts: Causes and Solutions for Delay in Justice Delivery

The Indian judiciary is one of the largest judicial systems in the world and is responsible for ensuring justice for every citizen. However, the long-persisting vacancy crisis in courts has severely affected the justice delivery system. The problem of delay in justice has become one of the biggest challenges for Indian society, and the main reason behind this delay is the large number of vacant posts of judges and supporting staff. This situation not only reduces the efficiency of the judiciary but also violates the fundamental rights of citizens, especially the right to speedy justice guaranteed under Article 21 of the Constitution.

Current status of vacancies in courts

There is a severe shortage of judges in the Supreme Court, High Courts, and lower courts. The sanctioned strength of the Supreme Court is 34 judges, but several posts often remain vacant. In the High Courts, there are 1,108 sanctioned posts of judges, out of which more than 300 posts remain vacant. Similarly, in the lower courts, there are about 25,000 sanctioned posts, but more than 20% remain unfilled. This directly contributes to the growing pendency of cases.

Causes of delay in justice delivery

1. Shortage of judges: The biggest reason is the delay in the appointment of judges. Under the collegium system, the process of appointing judges is long, complex, and often controversial, leading to prolonged vacancies.
2. Rising number of cases and limited resources: Due to population growth and increasing socio-economic complexities, the number of cases is rising continuously, but judicial resources (judges, staff, infrastructure) have not increased in the same proportion.
3. Complex procedures: Judicial procedures in India are lengthy and highly technical. Frequent adjournments add to the delay.
4. Lack of infrastructure: Many courts do not have adequate courtrooms, modern facilities, or supporting staff, making case disposal slower.
5. Shortage of supporting staff: Besides judges, there is a shortage of clerks, stenographers, readers, and other staff which also delays proceedings.
6. Heavy burden of government litigation: More than 50% of pending cases involve the government or government agencies. Lack of coordination among departments leads to prolonged litigation.
7. Less use of Alternative Dispute Resolution (ADR): Mechanisms like mediation, conciliation, and Lok Adalats are not being used effectively, which could otherwise reduce the burden.

Consequences of delay in justice

1. Loss of public faith: When justice is delayed, people lose trust in the judiciary.
2. Violation of Article 21: The right to speedy justice is a fundamental right, but delay makes this right meaningless.
3. Rising pendency: There are more than 5 crore pending cases in Indian courts, and vacancies only add to this burden.
4. Economic and social impact: Delay in justice affects business confidence, discourages investment, and creates insecurity in society.
5. Overcrowding in prisons: Many undertrial prisoners remain in jail for years because their trials do not conclude on time, increasing pressure on prisons.

Solutions

1. Time-bound appointments: The collegium system must be made more transparent and time-bound. Vacant posts should be filled within a fixed time frame.
2. Strengthening judicial service exams: Establishing an All India Judicial Service (AIJS) can help ensure timely recruitment of qualified judges in the lower courts.
3. Investment in infrastructure: Adequate courtrooms, digital facilities, and supporting staff must be provided. The E-courts project should be implemented quickly.
4. Promotion of ADR mechanisms: Lok Adalats, mediation centres, and conciliation committees should be strengthened to resolve minor disputes faster.
5. Reducing government litigation: Pre-appeal settlement mechanisms should be developed within government departments to reduce unnecessary cases.
6. Procedural reforms: Unnecessary adjournments should be curbed, and hearings should be scheduled in a time-bound manner.
7. Use of technology: Video conferencing, online filing, and AI-based case management systems should be widely adopted.
8. Improving judge-to-population ratio: At present, India has about 21 judges per 10 lakh population, while in the US, the number is over 100. This ratio must be improved urgently.

Conclusion

A strong judiciary is the backbone of Indian democracy. If the huge number of vacant posts in courts are not filled on time, the proverb “Justice delayed is justice denied” will become even more true. Delay in justice not only weakens public confidence in the judiciary but also hurts the core values of the Constitution. Therefore, it is necessary for the government, judiciary, and legislature to work together to ensure time-bound appointments, better infrastructure, and wider use of technology. Strengthening Alternative Dispute Resolution mechanisms can also help in reducing the burden of pending cases. A strong and efficient judiciary is the key to a strong democracy and to ensuring a fair life for every citizen of India.