27-February-2025-Editorial

JUDICIAL BACKLOG IN INDIA AND THE ROLE OF MEDIATION

The Indian judiciary is facing a severe backlog of cases, with over 82,000 pending in the Supreme Court, 62 lakhs in High Courts, and nearly 5 crore in lower courts. Delayed justice affects citizens’ rights and hampers economic and social progress. Mediation, as an alternative dispute resolution (ADR) mechanism, is being increasingly considered to reduce this burden and facilitate faster dispute resolution.

Causes of Judicial Backlog in India

1. Low Judge-to-Population Ratio
   • India has only 21 judges per million people, which is much lower than the global average.
   • This leads to an excessive workload for judges, resulting in slow case disposal.
2. Increase in Litigation
   • Greater legal awareness and ease of filing cases, including Public Interest Litigations (PILs), have led to a surge in cases.
   • The government is involved in almost half of all pending cases, adding to the backlog.
   • Frivolous or non-meritorious cases further burden the judiciary.
3. Adversarial Legal System
   • The Indian judicial system allows for multiple interim applications and successive appeals, which prolong cases.
   • Certain laws, such as the Bihar Prohibition and Excise Act, 2016, have led to a surge in bail applications, contributing to case pendency.
4. Infrastructure and Procedural Issues
   • Inadequate courtrooms, shortage of judges, and poor digital infrastructure delay proceedings.
   • Frequent adjournments, difficulties in locating witnesses, and delays in obtaining evidence also contribute to prolonged trials.
5. Underutilization of Alternative Dispute Resolution (ADR) Mechanisms
   • Mediation, arbitration, and conciliation are not widely used despite being available as alternatives to court litigation.
   • Lack of awareness and preference for traditional court processes hinder their adoption.

Role of Mediation in Reducing Judicial Backlog

Mediation is an ADR process where a neutral third party (mediator) helps disputing parties negotiate a mutually acceptable solution. It is voluntary, confidential, and cost-effective.

Legal Framework for Mediation in India

1. Mediation Act, 2023
   • Mandates pre-litigation mediation for civil and commercial disputes, except in urgent cases.
   • Provides mediation agreements with the same legal status as court decrees.
   • Requires dispute resolution within 120 days (extendable by 60 days).
   • Excludes criminal, taxation, and third-party rights-related cases from mediation.
2. Commercial Courts Act, 2015
   • Requires businesses to attempt mediation before filing commercial cases in courts.
3. Code of Civil Procedure, 1908
   • Recognizes mediation, arbitration, and conciliation as valid ADR mechanisms.

How Mediation Helps Reduce the Court Backlog

• Eases Court Congestion: Resolves civil, family, commercial, and property disputes outside courts, allowing judges to focus on critical criminal and constitutional cases.
• Reduces Litigation Costs: Mediation is cheaper and faster than prolonged litigation.
• Encourages Pre-Litigation Resolution: NITI Aayog recommends pre-litigation mediation in government-related disputes to prevent unnecessary court cases.
• Preserves Relationships: Mediation fosters amicable settlements, especially in family and business disputes.

Challenges in Implementing Mediation in India

1. Lack of Awareness
   • Many litigants and lawyers prefer traditional court litigation over mediation due to a lack of awareness about its benefits.
2. Weak Enforcement Mechanism
   • The Mediation Act, 2023 mandates a Mediation Council of India (MCI) to oversee the process, but this regulatory body has not yet been established.
   • Government agencies, involved in nearly 50% of cases, often prefer prolonged litigation over quick mediation settlements.
3. Non-Binding Nature
   • Mediation agreements are only binding if both parties agree, leading to cases where disputes remain unresolved.
4. Limited Institutional Support
   • Court-annexed mediation centers are not available in all courts, limiting access to mediation services.

Way Forward

1. Adopting Global Best Practices
   • India can learn from countries like the UK, where mandatory mediation is required before litigation.
   • Italy has successfully reduced its judicial backlog through compulsory mediation in civil cases.
2. Strengthening Institutional Mechanisms
   • Establish the Mediation Council of India (MCI) to regulate mediators and set uniform mediation standards.
   • Expand court-annexed mediation centers to make mediation widely accessible.
3. Increasing the Judge-Population Ratio
   • The 1987 Law Commission Report recommended increasing judges to 50 per million people. Implementing this would help reduce pendency and ensure timely justice.
4. Encouraging Online Mediation
   • Develop digital mediation platforms for easier dispute resolution, similar to the Supreme Court’s SUPACE (AI-based legal research system).
   • Promote institutional mediation for business disputes to avoid lengthy commercial litigations.
5. Training and Awareness Campaigns
   • Conduct structured training programs for mediators and educate litigants on the benefits of mediation.
   • Sensitize lawyers and legal professionals to advocate for mediation as a preferred dispute resolution method.

Conclusion

India’s judicial backlog is a critical challenge that affects justice delivery and economic progress. While increasing judicial capacity is necessary, promoting mediation as an effective alternative dispute resolution mechanism can significantly reduce the case burden on courts. Strengthening institutional support, increasing awareness, and adopting global best practices will help make mediation a widely accepted solution to India’s growing litigation crisis.