Must Make All Efforts to Change 'Culture of Adjournments' in Courts: President Murmu 2024

Must Make All Efforts to Change India’s judicial system, known for its robust legal framework and commitment to justice, is facing an ongoing challenge: the ‘culture of adjournments’ that plagues courts across the country. This practice, where cases are repeatedly postponed due to various reasons, has led to significant delays in the delivery of justice. The backlog of cases has reached alarming levels, Must Make All Efforts to Change with millions of cases pending across various levels of the judiciary. Addressing this issue, President Droupadi Murmu recently made a compelling call for reform, urging all stakeholders in the legal system to make concerted efforts to change this culture and expedite the process of justice.

In this article, we will explore the implications of President Murmu’s statement, examine the causes and consequences of the culture of adjournments, and discuss potential solutions to ensure that justice is delivered in a timely manner. We will also consider the broader impact of judicial delays on society, the economy, Must Make All Efforts to Change and public trust in the legal system.

The Culture of Adjournments: A Deep-Rooted Issue

The practice of frequent adjournments in Indian courts has long been a subject of concern. An adjournment, in legal terms, is the postponement of a court hearing to a later date. While adjournments are sometimes necessary for legitimate reasons—such as allowing more time for preparation, Must Make All Efforts to Change gathering additional evidence, or accommodating unforeseen circumstances—the problem arises when this practice is abused.

In many cases, adjournments are sought and granted for reasons that are neither urgent nor unavoidable. Lawyers, litigants, Must Make All Efforts to Change and even judges may request or approve adjournments for reasons as trivial as scheduling conflicts, incomplete paperwork, or the absence of one party. Over time, this has led to a culture where adjournments are seen as a routine part of legal proceedings, rather than an exception. As a result, cases that could be resolved relatively quickly are often dragged on for years, or even decades, Must Make All Efforts to Change creating a significant backlog in the courts.

The numbers speak for themselves. According to data from the National Judicial Data Grid, as of 2024, there are over 40 million cases pending in various courts across India, with a significant portion of these cases being delayed due to frequent adjournments. The problem is particularly acute in lower courts, where the majority of cases are heard. This backlog not only clogs the judicial system but also denies justice to those who seek it, Must Make All Efforts to Change as the adage “justice delayed is justice denied” aptly illustrates. for more information click on this link

The Causes Behind the Culture of Adjournments

To effectively address the culture of adjournments, Must Make All Efforts to Change it is crucial to understand the underlying causes that perpetuate this practice. Several factors contribute to the frequent granting of adjournments in Indian courts:

Overburdened Judiciary: One of the primary reasons for the culture of adjournments is the sheer volume of cases that judges have to handle. With a significant shortage of judges at all levels, Must Make All Efforts to Change the existing judicial workforce is overburdened, leading to delays in case management. Judges often grant adjournments to manage their crowded dockets, inadvertently contributing to the problem.
Lack of Accountability: The lack of strict accountability mechanisms for both lawyers and judges regarding adjournments has led to a permissive environment. Lawyers may seek adjournments to buy time or to inconvenience the opposing party, Must Make All Efforts to Change knowing that there are few repercussions for doing so. Similarly, judges may grant adjournments without sufficient scrutiny, further entrenching the practice.
Procedural Complexities: The procedural complexities of the Indian legal system also contribute to delays. The requirement for multiple hearings, the slow pace of evidence gathering, and the numerous procedural steps that must be followed can all lead to requests for adjournments. In some cases, the legal framework itself allows for adjournments to be sought on technical grounds, Must Make All Efforts to Change which can be exploited by litigants.
Inadequate Infrastructure: The lack of adequate infrastructure in courts, including insufficient courtrooms, outdated technology, and inadequate support staff, hampers the efficient functioning of the judiciary. This often results in cases being adjourned due to logistical reasons, Must Make All Efforts to Change such as the unavailability of courtrooms or the inability to locate case files.
Tactical Delays by Litigants: Litigants themselves sometimes seek adjournments as a tactic to delay proceedings, particularly in cases where they stand to benefit from prolonging the trial. For example, in civil cases involving property disputes, the party in possession of the property may seek adjournments to delay a potential adverse judgment.
Judicial Discretion: While judicial discretion is a cornerstone of the legal system, it can also contribute to the culture of adjournments. Judges may exercise their discretion to grant adjournments for various reasons, including compassion, the need for additional evidence, Must Make All Efforts to Change or to ensure a fair trial. However, when this discretion is used too liberally, it can lead to unnecessary delays.

Consequences of the Culture of Adjournments

The culture of adjournments has far-reaching consequences that extend beyond the immediate delay in legal proceedings. These consequences impact not only the litigants involved in the cases but also the broader society and the functioning of the legal system itself.

Erosion of Public Trust: Frequent adjournments and the resulting delays in justice erode public trust in the legal system. When people perceive that justice is out of reach or that it will take years to resolve even straightforward cases, Must Make All Efforts to Change they lose faith in the judiciary. This lack of trust can have serious implications for the rule of law, as individuals may seek alternative, and sometimes illegal, means of resolving disputes.
Denial of Justice: The most direct consequence of the culture of adjournments is the denial of justice to those who seek it. Delays in legal proceedings can cause immense hardship to litigants, particularly those who are financially vulnerable or who are seeking justice in cases of personal harm or human rights violations. For example, Must Make All Efforts to Change victims of domestic violence, Must Make All Efforts to Change sexual assault, or wrongful termination may suffer prolonged trauma and uncertainty due to repeated adjournments.
Economic Impact: The backlog of cases and the resulting delays have a significant economic impact. Businesses involved in legal disputes may face financial losses due to prolonged litigation, Must Make All Efforts to Change and investors may be deterred by the perception of an inefficient legal system. The inability to resolve commercial disputes in a timely manner can also hamper economic growth and development.
Overcrowded Prisons: In criminal cases, adjournments can lead to prolonged pre-trial detention, contributing to overcrowded prisons. Many undertrial prisoners spend years in jail waiting for their cases to be heard, Must Make All Efforts to Change often without access to adequate legal representation. This not only violates their fundamental rights but also places an undue burden on the prison system.
Strain on Judicial Resources: The culture of adjournments places an additional strain on judicial resources. Judges, court staff, Must Make All Efforts to Change and legal aid services are all stretched thin as they try to manage the growing backlog of cases. This strain makes it even more difficult to address the root causes of delays and to implement necessary reforms.

President Murmu’s Call for Reform

President Droupadi Murmu’s recent call to change the culture of adjournments is a significant and timely intervention. Speaking at a national conference of judges, Must Make All Efforts to Change lawyers, and legal scholars, President Murmu emphasized the urgent need to address the issue of judicial delays and to ensure that the judiciary delivers justice in a timely and efficient manner.

President Murmu’s call to action highlights several key areas that require attention:

Judicial Accountability: President Murmu stressed the importance of holding judges and lawyers accountable for the unnecessary granting and seeking of adjournments. She called for the establishment of stricter guidelines and protocols to ensure that adjournments are granted only when absolutely necessary and that there are consequences for those who abuse the system.
Strengthening Judicial Infrastructure: Recognizing the role of inadequate infrastructure in contributing to delays, President Murmu urged the government to invest in modernizing court facilities, Must Make All Efforts to Change upgrading technology, Must Make All Efforts to Change and increasing the number of courtrooms and judges. She also emphasized the need for better case management systems to streamline proceedings and reduce the reliance on adjournments.
Promoting Alternative Dispute Resolution (ADR): President Murmu advocated for greater use of alternative dispute resolution mechanisms, such as mediation and arbitration, to reduce the burden on the courts and provide faster resolution of cases. By diverting less complex cases to ADR, the judiciary can focus on more serious matters and reduce the backlog of cases.
Legal Education and Training: The President highlighted the importance of legal education and training in changing the culture of adjournments. She called for the inclusion of case management and ethical practices in the curriculum of law schools and for continuing legal education programs for practicing lawyers and judges. This would help instill a sense of responsibility and efficiency in the legal profession.
Public Awareness and Engagement: President Murmu emphasized the need for public awareness campaigns to educate citizens about the importance of timely justice and the consequences of unnecessary adjournments. By engaging the public in the reform process, Must Make All Efforts to Change the judiciary can build a stronger partnership with the community and foster greater respect for the rule of law. for more information click on this link

Implementing Change: The Way Forward

Implementing the changes called for by President Murmu will require a coordinated effort by all stakeholders in the legal system, including the judiciary, the government, the legal profession, Must Make All Efforts to Change and civil society. While the task is daunting, there are several steps that can be taken to begin the process of reform:

Setting Strict Limits on Adjournments: One of the most effective ways to curb the culture of adjournments is to set strict limits on the number and duration of adjournments that can be granted in a case. Courts can establish clear guidelines that specify the circumstances under which adjournments may be granted and impose penalties for frivolous requests.
Implementing Technology Solutions: Technology can play a crucial role in reducing delays and improving case management. The implementation of e-courts, Must Make All Efforts to Change online case tracking systems, Must Make All Efforts to Change and video conferencing for hearings can help streamline proceedings and reduce the need for adjournments. Additionally, the use of artificial intelligence and data analytics can assist judges in managing their dockets more efficiently.
Enhancing Judicial Capacity: Increasing the number of judges and court staff is essential to reducing the backlog of cases and minimizing the need for adjournments. The government should prioritize the recruitment and training of new judges and provide the necessary resources to support the judiciary’s efforts to deliver timely justice.
Encouraging ADR and Settlements: Promoting the use of alternative dispute resolution mechanisms can help reduce the burden on the courts and provide faster resolutions for litigants. Courts should encourage parties to explore mediation, Must Make All Efforts to Change arbitration, Must Make All Efforts to Change and other forms of ADR before proceeding to trial, particularly in cases that do not involve complex legal issues.
Monitoring and Evaluation: Regular monitoring and evaluation of court performance can help identify patterns of delay and areas where improvements are needed. Courts should establish performance benchmarks and regularly review their progress in reducing the number of adjournments and expediting case resolution.

Conclusion

The culture of adjournments in Indian courts is a deeply entrenched problem that has significant implications for the delivery of justice and the functioning of the legal system. President Droupadi Murmu’s call for reform is a timely reminder of the urgent need to address this issue and to ensure that the judiciary fulfills its mandate to deliver timely and fair justice.

By implementing the measures outlined above, and by fostering a culture of accountability, efficiency, and innovation, the Indian judiciary can overcome the challenges posed by the culture of adjournments and restore public confidence in the legal system. The road to reform will not be easy, Must Make All Efforts to Change but with the commitment of all stakeholders, it is possible to build a more just and equitable legal system that serves the needs of all citizens. ALSO READ:- NSA Doval Meets Key Presidential Aspirants in Colombo Ahead of Sri Lanka’s September 21 Polls: Strategic Dialogues and Regional Implications 2024