Non-performance by legislature, executive behind explosion of cases : CJI

Chief Justice of India N V Ramana blamed the monstrous pendency of cases on nonperformance of bureaucracy and enactment of laws without foresight and clarity and said an alarmingly low number of judges, 20 per million, is unable to improve the dismal scenario.

In presence of PM Narendra Modi, Law Minister Kiren Rijiju, chief ministers and High Court Chief Justices at the CM-CJ conference being held after six years, the CJI said, “If tehsildars acted on farmers’ grievances, if the panchayats and civic bodies discharged their duties, if the revenue authorities acquired land following due process, if service laws were applied fairly, and if police investigations were fair and no illegal arrests made, majority of the cases would not come before the courts. ” “If the legislature passes a law, with clarity of thought, foresight and with people’s welfare in mind, the scope of litigation is minimised,” Justice Ramana said and, to buttress his argument, quoted Lok Sabha Speaker Om Birla who had recently said “Laws should be made after thorough debates and discussions, incorporating the needs of the aspirational sections of the society. ” Summarising the causes behind the huge pendency of 4.8 crore cases in the three-tier justice delivery system, the CJI said, “Litigation is often triggered because of two major reasons -non-performance by the various wings of the executive and the legislature not realising its full potential. ” He lamented that defiance of the governments in implementing decisions of the courts is forcing the judiciary to initiate contempt proceedings, thus casting an additional burden. “Deliberate inaction by the governments, despite judicial pronouncements, are not good for the health of the democracy,” he said

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