The Indian judiciary’s performance has been under the microscope in recent years, with attention given to factors such as case clearance rates, the state of High Courts and Lower Courts, and for the very first time, all these parameters have been evaluated together in the India Justice Report (IJR) 2022. The comprehensive report, an initiative by Tata Trusts in collaboration with several organizations including the Centre for Social Justice, aims to measure justice delivery across various states in the country.
Karnataka Tops in Justice Delivery Among Large States
Among the 18 large and mid-sized states with populations exceeding one crore, Karnataka claimed the top spot in justice delivery according to the IJR 2022. Tamil Nadu and Telangana occupied the second and third rank respectively, while Uttar Pradesh languished at the bottom, occupying the 18th position.
Performance of Small States
In terms of smaller states with populations under one crore, Sikkim topped the ranking, an improvement from its second position in 2020. Following closely were Arunachal Pradesh and Tripura, while Goa found itself at the lowest rank.
A Chronic Shortage of Judges
The Indian judiciary is grappling with a chronic shortage of judges and infrastructure, leading to an increase in pending cases, a growing caseload, and a decline in case clearance rates (CCR) in lower courts. As per statistics from December 2022, our High Courts were functioning with only 778 judges against a sanctioned strength of 1,108.
Rising Pendency Rates and Increased Caseloads
Over the last five years, the number of pending cases per judge has escalated in most states, with the average pendency in High Courts being highest in Uttar Pradesh and West Bengal. This issue is further compounded by an increased caseload per judge, noticed across 22 states and Union Territories between 2018 and 2022.
Fluctuations in Case Clearance Rate
Between 2018 and 2022, the CCR in High Courts improved from 88.5% to 94.6%, exhibiting an increase of six percentage points. However, the CCR in lower courts declined by 3.6 points during the same period. Interestingly, High Courts started clearing a higher number of cases than subordinate courts annually.
Infrastructure Challenges: A Case of Court Halls
Although current court halls seem sufficient for incumbent judges, filling all sanctioned posts would render the space inadequate. In August 2022, there was a shortfall of 14.7% for the 24,631 sanctioned judges’ posts.
Recommendations for Enhancements
The evident shortage of judges and inadequate infrastructure pose serious problems for the Indian judiciary. Addressing these shortcomings calls for proactive measures such as hiring for vacant judge positions, enhancing infrastructure, and increasing the overall efficiency of the judicial system. There is also a pressing need for superior police training and reduced overcrowding in prisons.
Victim-Centric Measures
Alongside systemic improvements, there should be a heightened focus on victims of crime. This involves bolstering legal aid access and victim compensation schemes, thereby moving India towards an equitable and effective criminal justice system.
Other Noteworthy Findings
The IJR 2022 contains more valuable insights into the state of justice delivery in India, encapsulating a wide gamut of parameters juxtaposed with comprehensive data sources.
