About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

4 Issue 4 Int'l J.L. Mgmt. & Human. 3910 (2021)
Backlog of Justice in India

handle is hein.journals/ijlmhs12 and id is 3946 raw text is: International Journal of Law) Management & Humanities

Backlog of Justice in India
ANSHUMALI YADAVI, ASMITA MISHRA2 AND PARANTAK YADAV3
ABSTRACT
When justice is delayed, justice is denied. This concept underpins the right to a fast trial,
as well as other rights aimed at expediting the legal process, because it is unjust for a
victim to suffer harm with little chance of recovery. Pendency in different courts around
the country is 4.04 crores in this country's three-tier judicial system. Furthermore, rising
population, poverty, and economic expansion result in more enterprises and government
activities, as well as more crimes and, presumably, more lawsuit activity by those
institutions. The current article is an attempt to critically analyses the many causes of
pending cases and to provide solutions to the justice system's backlog.
Keywords: Justice Delayed, Backlog, Justice, Pendency, Subordinate Court.
I. BACKGROUND
The Indian Constitution guarantees social, economic, and political justice. Equal justice and
equal protection under the law are guaranteed through the legal system. Equal access to justice
is a constitutional mandate that our forefathers enshrined in the Constitution as a directive
principle of state policy, not just as a fundamental right. Making access to justice a reality is
one of the most important features that our forefathers enshrined in the Constitution as a
directive principle of state policy. Because the courts are responsible for more than just
adjudicating disputes between individuals, they frequently state normative rules to which
institutions must adhere.
Denial of 'timely justice' amounts to denial of 'justice' itself. Two are integral to each other.
Timely disposal of cases is essential for maintaining the rule of law and providing access to
justice, which is a guaranteed fundamental right.
Moreover, increased civil/commercial litigation is frequently associated with rising economic
prosperity. The link between the two is explained by the fact that increased prosperity is the
outcome of increased diverse economic activity and urbanisation, which leads to
civil/commercial disputes.4 Despite the current strength of the judiciary, courts resolve nearly
1 Author is a LLM student at Lucknow University, India.
2 Author is a student at Lucknow University, India
3 Author is a student at Lucknow University, India
4 9 Law & Society Review 347 (1975)
© 2021. International Journal of Law Management & Humanities         [ISSN 2581-5369]

3910

[Vol. 4 Iss 4; 3910]

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most