TITLE

Justice still struck in its Jam

ABSTRACT/ INTRODUCTION
The Preamble of our Constitution imbibes Justice that is secured for all its citizens. On the
other hand legal notion derived by William E. Gladstone - Justice delayed is justice denied, is
correctly invented. Putting both of these together it can be symbolized that our Constitution
based justice can only qualify itself, if it is not only done but must also be seen to be done. But
the pilling up of pendency is creating backlog not only for judiciary but also reducing faith of
citizens in its delivery system. This generally happens when the legitimate time for judgment is
crossed over due to hereinafter discussed reasons, fostering delay.
The comprehensive analysis of the backlog of cases in Indian judiciary, i.e., covering Supreme
Court, High Courts and lower judiciary, is utmost dealt. Making the reasons for the pendency as
a primary limelight of the discussion, various ramifications of reasons are being dealt with the
aid of statistic data. The dimension is also shifted to the recent popping question on the dilemma
of espousing procedure for appointment of judges in courts, and that to, if sought out can cater
the need of diminishing backlog of cases? The reports, opinion and comparative nations study,
would also act as a catalyst to infer more soundness of this issue. Consequences of pendency
would give a concurrent finding of magnitude for immediate action(s) that is in public interest.
The judicial pronouncements are the past solution seekers which could more precisely exhibits
the counter to the matter in issue by mentioned judicial interpretation. However, the role by the
government is also one of the nucleus points that govern the extent of tackling and fulfilling its
role as a representative by easing of justice delivery system, inclusive in its legal periphery.

LITERATURE REVIEW
Simi Rose George (2014), Harvard University. This comprehensive study ushers to exhibit all
the factors or friction of delay, which is hampering Supreme Court of India. There is through

analysis of the brevity of contents via collected data that makes precision in presenting
arguments.
Prof (Dr.) Jayadev Pati (2015), Indian Journal of Research. This paper is an attempt to examine
the reasons behind delay in justice delivery system through backlog of cases and lack of
manpower in the judicial administration system. Although the clearance of pending cases in the
present day is the most difficult task to be managed still endeavor is being taken for the same by
implementation of various mechanisms for speeding up the disposal process in this field
Law Commission of India, Report number- 14, 120 & 245, Official Gazette. The study
conducted by Law Commission at different period of time shows the work on- reforms on
judiciary administration (1958), manpower planning in judiciary (1987) and Arrears & backlog
(2014).
Planning Commission Report (2012-2017). This report prima facie gives recommendations to
working group for Department of Justice for 12th Five-Year Plan. The speculated expenditure
cost assessed by government impact on the judiciary is able to meet the satisfactory requirement
is covered via this report.

HYPOTHESIS
(1) Does delay in disposing cases is a hindrance to good governance, moral integrity and
degradation in standard of public life?
(2) Is lack of adequate infrastructure inclusive of physical and man-power is responsible for delay
in disposal of cases?

RESEARCH PROBLEM

After going through the views expressed by judiciary in several cases, opinion of the expert and
eminent persons revealed through the review of literature mentioned above the researcher
observes the following problems for the present study.

I.
II.

Delay in justice is rendering loss of faith in conscious mind of citizens.

There is burden on judiciary system flowing to and from all the echelons due to backlog

III.

of cases.
Litigants are able to blame judiciary due to various latent facts before them. This
includes infrastructure expenditure, appointment of judges and other procedural aspects
in law.

RESEARCH METHODOLOGY
The present study shall be based on both doctrinal and non-doctrinal approaches. While the
concepts of justice, right, infringement, legality, enforcement etc. will be explained utilizing the
doctrinal approach; the application, impact, causal connections and effectiveness etc. will be
dealt through non-doctrinal approach. The Data have been collected and analyzed for this
research study from secondary published sources viz., newspapers, books, websites and research
studies.