Assistant Professor at VELS University Chennai, India
For Indian residents to have equal legal protection, the promise of fair and prompt justice is crucial. The Supreme Court of India has often emphasized that a part of the right to life is the ability to receive justice quickly and without delay. Although it is both a constitutional need and a governance direction, access to justice confronts several challenges that have effectively prevented it from being realized in reality. Although the Indian court may be seen as substantially impartial and independent, its effectiveness has been questioned due to its inability to render decisions in a timely manner. Although it is true that judicial delays and the ensuing backlog of cases affect all levels of the Indian judicial system, this paper's focus is only on the subordinate judiciary, which consists of district and sub-district courts and has been under constant stress as a result of this strain. As a result, there are now vastly increasing arrears and backlogs of cases. In light of this, this article conducts a brief analysis of the structural problems afflicting India's subordinate courts. Judicial reforms in India should concentrate on the lower courts, which are frequently the first to deal with litigants. Although it is commonly acknowledged that the lower court in India suffers from a chronic lack of funding, effective measures to address the issue have not been taken. This essay examines the factors that contribute to the severe backlog and arrears in the lower courts. This essay also assesses potential remedies that may be used to lessen the severity of court delays.
Article
International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3678 - 3685
DOI: https://doij.org/10.10000/IJLMH.116501This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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