Considering a gigantic backlog of court cases on both sides of the border (over 6 million in Indian high courts and 2.1 million in Pakistan), debates on how to improve the judicial institution have become a routine matter. Even as the bench realises the fundamental need for a fair justice system, their hands seem tied, thanks to a fundamental injustice within. This week saw senior puisne judge Justice Mansoor Ali Shah remark, \u201cIf everyone rushes to court and obtains stay orders, how will the economy function?\u201d as he stressed the importance of mediation mechanisms in a country that required almost 20,000 judges to manage the present caseload.
\nNew Delhi, on the other hand, announced relaxation in the conditions to appoint retired judges in ad-hoc positions, concerned about the highest-ever backlog that literally means an average of one arbiter for 56,297 people in the largest democracy. Quite expectedly, this verdict has prompted a wave of criticism from various quarters wondering whether this belt-loosening fundamentally misunderstands the nature of the problem.
\nNevertheless, Justice Mansoor\u2019s call for judicial reforms emphasises the dire need for systemic changes that can alleviate the current strain on our courts. At a critical juncture in how we perceive justice and the mechanisms through which we achieve it, the importance of Alternative Dispute Resolution (ADR) mechanisms becomes ever more apparent as a viable path forward. The rise of online dispute resolution similarly presents a modern solution that can expedite justice. Why is it that in a post-COVID age where countries are utilising technology to resolve disputes outside the traditional courtroom setting, we still wish to remain entrenched in the quicksand? Prioritising mediation over lengthy (often messy litigation) can alleviate the burden on judicial resources while providing parties with a swift and efficient means to settle their differences.
\nMoreover, the push towards mediation can significantly bolster commercial confidence where having a reliable and expeditious method of resolution cannot be stressed enough, especially in a world where time is often equated with money.
\nThe state could further build on its deliberations with the law ministry in Singapore to strengthen our mediation capabilities in not just commercial contexts but also in civil disputes that might otherwise swamp our judiciary. At the end of the day, what\u2019s needed is an iron-clad will to ensure that justice is not only done but seen to be done in a timely manner. <\/p>\n","protected":false},"excerpt":{"rendered":"
Considering a gigantic backlog of court cases on both sides of the border (over 6 million in Indian high courts and 2.1 million in Pakistan), debates on how to improve the judicial institution have become a routine matter. Even as the bench realises the fundamental need for a fair justice system, their hands seem tied, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":{"0":"post-458832","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-editorial"},"yoast_head":"\n