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The Indian legal system is grappling with a significant and ever-increasing challenge – the mounting backlog of pending cases. This issue has been brought to the forefront by Justice Manmohan of the Delhi High Court, who expressed his concerns during the National Conference on Ease of Doing Business. In his speech, Justice Manmohan pointed out that both the Union and State Governments are failing to make crucial decisions, instead leaving them for the courts to adjudicate. Consequently, the judiciary is inundated with a multitude of public interest litigation cases, a situation that should ideally fall outside its purview.

The overarching problem, as described by Justice Manmohan, is the State and Union’s reluctance to make decisions when they are needed. Rather than taking a stand and providing resolutions, they are placing the burden on the courts. As a result, a multitude of matters that could be handled elsewhere end up in the judicial system. Justice Manmohan firmly believes that leaving citizens without recourse is not a viable solution. It is evident that in the current atmosphere of mistrust, courts are left to address numerous issues, even those that should be the responsibility of other institutions.

Justice Manmohan illustrated this point by citing an example of an issue like a dog menace finding its way to the courts because civic administration has failed to address it adequately. In such cases, when citizens are suffering, and their pleas go unanswered, it becomes a necessity for the judiciary to intervene.

Justice Manmohan emphasized that addressing the issue of case pendency is crucial for enhancing the process of contract enforcement. There needs to be more interaction and cooperation between different institutions. In a climate of mutual mistrust and suspicion, focusing on mutual understanding and collaborative solutions is essential to ensure the welfare of the people.

Another significant contributor to delays in contract enforcement is the extensive litigation process. Many laws are not aligned with the ground reality, leading to legal disputes and further increasing the burden on the courts. Today, many significant issues, ranging from environmental concerns to political disputes, are brought to the courts. This is primarily because the public has confidence in the judicial system’s ability to address contentious issues.

Justice Manmohan recognized that the courts are currently facing an array of complex and challenging issues. The rapid advancement of technology has outpaced legal frameworks, making it difficult for the judiciary to keep up. Legislative bodies worldwide share similar concerns, and solutions are needed to bridge this gap.

To tackle the issue of pending cases effectively, Justice Manmohan recommended increasing the number of judges, improving infrastructure, and promoting digitization. He acknowledged the government’s progressive efforts in amending laws, including direct tax and GST laws. However, he highlighted the need for more in-depth discussions and debate to ensure smooth implementation of these progressive changes.

In conclusion, Justice Manmohan’s insights shed light on the challenges faced by the Indian judiciary, particularly the issue of pending cases. While there are progressive laws being introduced, addressing this backlog requires a collaborative effort from all stakeholders. The legal system must adapt to the changing times and work together to provide swift and effective justice to the citizens.

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