Litigation Docket Management in India: Re-visiting towards the delivery of Justice

10.2478/bjlp-2022-002131

Abstract

In the present Indian scenario, it is found that there is no universal rule for case management, hence the litigation is piling up. The cases are managed as per the respective procedural codes by the stakeholders such as lawyers, litigants, and judges. The 14th law commission report has made a detailed study regarding the disposal of cases. The gravity of the problem is very high looking at the data of year-wise pending cases. The concept of the case management system developed in the Salem Advocates Bar Association Case does not have the power of mandatory implementation and hence not very successful. The second attempt by the government of India on a national machine for the delivery of justice and legal reform, a blueprint for judicial reforms is more suggestive in nature. The statistical data collected for the State of Telangana and Hyderabad also go to prove that more than 50% of the litigants have been denied justice for the simple reason of pendency of cases which is actually eroding the values laid down in the principles of rule of law and adversely affecting the common man’s faith in justice delivery system. The study observed that civil cases do not have a speedy disposal in comparison to criminal cases and there is a speedy disposable of cases in urban areas than rural areas.