A Study on Backlog of Cases

  • B. Madhana and Subhashree S
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  • B. Madhana

    Assistant Professor at School of Law, Sathyabama Institute of Science and Technology (Deemed to be University), India

  • Subhashree S

    Student at School of Law, Sathyabama Institute of Science and Technology (Deemed to be University), India

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Abstract

Justice delayed is Justice Denied which means if justice is not carried out at the right time, then even if it is carried out later, it is not real justice because when there was a demand for justice, there was a lack of justice. Basically, one goes to court in order to get justice, but when there is a delay in justice, individuals lose their hope, and hence justice is denied. As 'justice delayed is Justice Denied'; similarly, the saying, justice hurried is Justice Buried is equally true. During the drafting of the constitution of India, the vision of the founding father was to ensure justice for every citizen; keeping this vision in mind, the preamble of the Indian constitution consisted of the word JUSTICE. As we know, India was a colonial country, and for the last 500 years, all the rights of the Indians were suppressed; so to enhance their Right, Art -39A was introduced in the Indian constitution, which directs the state- to secure equal justice and the free legal aid for the citizens. But the experience of the last 57 years shows that the state has failed squarely in addressing some very basic issues, quick and expensive justice, and protecting the right of the poor and vulnerable. Since India is a vast country of various religions, India has a large no. of the population with a lack of symmetric arrangement of courts and public offices; here, the system is collapsing with 30 million cases that take so much time that even a generation is not sufficient to get any type of redressal. As per the current scenario of our country, it will take 300 years to clear the backlog of cases in Indian Courts. In this article, we will study the reasons for the backlog of cases and measures to tackle it.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 942 - 948

DOI: https://doij.org/10.10000/IJLMH.113599

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