Relevance: Polity & Governance (Judiciary) • 

Source: The Hindu

India’s lower judiciary, which forms the backbone of the justice system, handles nearly 85% of all pending cases. Yet it suffers from chronic pendency, outdated procedures, and limited administrative reforms, leading to what experts call a cycle of litigation → delay → stagnation.

Why Pendency Persists

The article highlights how subordinate courts face structural, procedural, and managerial bottlenecks:

1. Procedural Delays

• Frequent adjournments, lenient application of the Code of Civil Procedure, 1908, and interim applications stall progress.
  
• Poor compliance with pre-mediation or settlement steps.
  
• Slow processes for service of summons, especially in civil disputes.
  

2. Structural Constraints

• Persistent vacancies of judges and court staff (over 20% in many states).
  
• Inadequate use of technology, despite e-Courts initiatives.
  
• Heavy reliance on manual processes for filing, evidence, and record-keeping.
  

3. Rising Litigation Load

• Lower courts receive over 1.3 crore new cases annually (NJDG).
  
• Criminal cases (traffic violations, petty offences) crowd out civil justice.
  
• Appeals from tribunals and administrative bodies add to the burden.
  

Why This Matters

Lower courts are the first point of contact for most citizens. Delay erodes:

• Rule of law under Article 14
  
• Access to justice under Article 39A
  
• Public trust in democratic institutions
  
• Economic productivity (contract enforcement, land disputes)
  

Key Bottlenecks & Needed Fixes

One-line wrap:
India’s justice delivery cannot improve unless lower courts are modernised and empowered to dispose cases efficiently.

UPSC Mains Question

“Strengthening the lower judiciary is essential for improving access to justice in India.” Discuss the major challenges and suggest reforms.