New Delhi: Estimated figures that the number of pending cases in Indian courts have reached 45 million are perceived as the inability of the Indian judiciary to deal with caseloads, an “overstatement” and an “involuntary analysis” and contributions to the country. is one of the factors. Chief Justice of India NV Ramana on Saturday said judicial delays amounted to “fantastic litigation”.
He said that conflicts are inevitable in any society for various reasons, including political, economic, social, cultural and religious, and there is a need to develop mechanisms for conflict resolution and referred to the Mahabharata, which was one of the initial attempts at mediation. provides examples. A conflict resolution tool.
While mediation is deeply embedded in the Indian ethos and was prevalent in India before the British adversarial system, various forms of arbitration were being practiced as a method of dispute resolution, he said.
Delivering his keynote address at the India-Singapore Mediation Summit “Making Mediation Mainstream: Reflections from India and Singapore”, Justice Ramana Said that many Asian countries have a long and rich tradition of cooperative and amicable settlement of disputes.
“The great Indian epic, the Mahabharata, actually provides an example of an early attempt at mediation as a conflict resolution tool, where Lord Krishna attempted to mediate a dispute between the Pandavas and the Kauravas. It is worthwhile to remember that that the failure of mediation could have disastrous consequences,” he said.
She also shared a funny anecdote, capturing the attitude of the judges in this hostile system, when a judge was sipping his morning coffee, flipping through the newspaper and his granddaughter approached him and said, ” Grandpa, my older sister has taken away my toy.” The judge’s immediate response was “Do you have any evidence?”
“Arbitration, as a concept, is deeply embedded in the Indian ethos. Long before the advent of the anti-British system in India, various forms of mediation were being practiced as a method of dispute resolution. Disputes were often The solution was done by the chieftains or elders.…
“However, the establishment of the British court system in 1775 marked the erosion of the community-based indigenous dispute resolution mechanism in India. The British judicial system eventually became the framework for the current judicial system in India with appropriate modifications,” he said.
He said there are some contributing factors that have revived the Alternative Dispute Resolution (ADR) mechanism in India and one of them relates to judicial delay.
“The often cited figure is that the ‘pending’ in Indian courts has reached 45 million cases, which is perceived as the inability of the Indian judiciary to deal with the caseload. This is an exaggeration and an involuntary analysis.
“The word pending is used to refer to all cases which have not yet been disposed of, without reference to how much time the case has spent in the judicial system. This would mean that the case was filed yesterday. The matter gets added to the pending figures. Hence, it is not a useful indicator of how good or bad a system is,” Justice Ramana said.
Acknowledging that the issue of judicial delay is not only a complex problem in India, he said that several factors contribute to such a situation.
One of them is the Indian phenomenon called ‘fantastic litigation’, he said. I “It is a specific type of litigation in which resourceful parties attempt to sabotage the judicial process and delay it by filing multiple proceedings in the judicial system. doubtThe prevailing pandemic has also contributed to our crisis.” Chief Justice said.
“Judges in India, especially in constitutional courts, often burn the midnight oil to meet the burden of their judicial and administrative matters,” he said, adding that the second factor contributing to the development of the ADR is justice here. related to the increasing reach of
The CJI said that around 70 per cent of the population is eligible for benefits under various schemes of the Legal Services Authorities.
“ADR mechanisms, particularly arbitration and conciliation, can reduce pendency, save resources and time, and allow litigants a degree of control over the process and outcome of their dispute resolution process.. .
“In addition to enhancing and clarifying the law with respect to arbitration, supreme court of india Also made proactive efforts on the administrative side to improve the arbitration landscape in India,” he said and added that there are around 43,000 arbitration centers and since 2005, around 3.22 million cases have been referred and about 1 million cases disposed of. Arbitration till March
Justice Ramana said that in view of the increasing scope of arbitration, the time has come for India to enter mission mode.
He said that there is a need to start a movement to popularize mediation as a cheap and fast dispute resolution mechanism.
“Prescribing arbitration as a mandatory first step for resolution of every acceptable dispute will go a long way in promoting arbitration. Perhaps, there is a need for an all-encompassing law in this regard,” he said.
Justice Ramana emphasized the need for mediators to undergo training sessions to keep themselves updated as their role has now evolved from a passive facilitator to an advisory participatory role.
Chief Justice of Singapore Sundresh Menon He also delivered his keynote address at the event and congratulated Justice Ramana on his appointment as the Chief Justice and said that he is looking forward to work on the various initiatives taken by the courts.
He said that conflicts are inevitable in any society for various reasons, including political, economic, social, cultural and religious, and there is a need to develop mechanisms for conflict resolution and referred to the Mahabharata, which was one of the initial attempts at mediation. provides examples. A conflict resolution tool.
While mediation is deeply embedded in the Indian ethos and was prevalent in India before the British adversarial system, various forms of arbitration were being practiced as a method of dispute resolution, he said.
Delivering his keynote address at the India-Singapore Mediation Summit “Making Mediation Mainstream: Reflections from India and Singapore”, Justice Ramana Said that many Asian countries have a long and rich tradition of cooperative and amicable settlement of disputes.
“The great Indian epic, the Mahabharata, actually provides an example of an early attempt at mediation as a conflict resolution tool, where Lord Krishna attempted to mediate a dispute between the Pandavas and the Kauravas. It is worthwhile to remember that that the failure of mediation could have disastrous consequences,” he said.
She also shared a funny anecdote, capturing the attitude of the judges in this hostile system, when a judge was sipping his morning coffee, flipping through the newspaper and his granddaughter approached him and said, ” Grandpa, my older sister has taken away my toy.” The judge’s immediate response was “Do you have any evidence?”
“Arbitration, as a concept, is deeply embedded in the Indian ethos. Long before the advent of the anti-British system in India, various forms of mediation were being practiced as a method of dispute resolution. Disputes were often The solution was done by the chieftains or elders.…
“However, the establishment of the British court system in 1775 marked the erosion of the community-based indigenous dispute resolution mechanism in India. The British judicial system eventually became the framework for the current judicial system in India with appropriate modifications,” he said.
He said there are some contributing factors that have revived the Alternative Dispute Resolution (ADR) mechanism in India and one of them relates to judicial delay.
“The often cited figure is that the ‘pending’ in Indian courts has reached 45 million cases, which is perceived as the inability of the Indian judiciary to deal with the caseload. This is an exaggeration and an involuntary analysis.
“The word pending is used to refer to all cases which have not yet been disposed of, without reference to how much time the case has spent in the judicial system. This would mean that the case was filed yesterday. The matter gets added to the pending figures. Hence, it is not a useful indicator of how good or bad a system is,” Justice Ramana said.
Acknowledging that the issue of judicial delay is not only a complex problem in India, he said that several factors contribute to such a situation.
One of them is the Indian phenomenon called ‘fantastic litigation’, he said. I “It is a specific type of litigation in which resourceful parties attempt to sabotage the judicial process and delay it by filing multiple proceedings in the judicial system. doubtThe prevailing pandemic has also contributed to our crisis.” Chief Justice said.
“Judges in India, especially in constitutional courts, often burn the midnight oil to meet the burden of their judicial and administrative matters,” he said, adding that the second factor contributing to the development of the ADR is justice here. related to the increasing reach of
The CJI said that around 70 per cent of the population is eligible for benefits under various schemes of the Legal Services Authorities.
“ADR mechanisms, particularly arbitration and conciliation, can reduce pendency, save resources and time, and allow litigants a degree of control over the process and outcome of their dispute resolution process.. .
“In addition to enhancing and clarifying the law with respect to arbitration, supreme court of india Also made proactive efforts on the administrative side to improve the arbitration landscape in India,” he said and added that there are around 43,000 arbitration centers and since 2005, around 3.22 million cases have been referred and about 1 million cases disposed of. Arbitration till March
Justice Ramana said that in view of the increasing scope of arbitration, the time has come for India to enter mission mode.
He said that there is a need to start a movement to popularize mediation as a cheap and fast dispute resolution mechanism.
“Prescribing arbitration as a mandatory first step for resolution of every acceptable dispute will go a long way in promoting arbitration. Perhaps, there is a need for an all-encompassing law in this regard,” he said.
Justice Ramana emphasized the need for mediators to undergo training sessions to keep themselves updated as their role has now evolved from a passive facilitator to an advisory participatory role.
Chief Justice of Singapore Sundresh Menon He also delivered his keynote address at the event and congratulated Justice Ramana on his appointment as the Chief Justice and said that he is looking forward to work on the various initiatives taken by the courts.
.