“Given the growing scope of mediation, it is time for India to enter mission mode. To popularise mediation as cheaper and faster dispute resolution mechanism, a movement needs to be launched,” the CJI mentioned.
Pendency not a helpful indicator of how effectively a system is doing: CJI
Prescribing mediation as a compulsory first step for decision of each allowable dispute will go a good distance in selling mediation. Perhaps, an omnibus regulation on this regard is required to fill the vacuum,” the CJI mentioned on the India-Singapore Mediation Summit on Saturday.
“We must take note of the fact that a vast majority of litigants in India belong to middle and poorer sections of society. They will find great solace if mediation gets established as a reliable means of redress. Needless to state, it will lead to a remarkable reduction in the number of cases reaching the regular courts. Such a scenario will enhance the efficiency of the judicial system,” he mentioned.
The CJI additionally added that mediation might be made simply out there to the general public at massive and be a instrument of social justice and have to be adopted for decision of all disputes.
Justice Ramana, nevertheless, refuted the notion that giant pendency of instances in courts is a mirrored image of inefficiency of the judicial system. “The often-quoted statistic that ‘pendency’ in Indian courts has reached 45 million cases, which is perceived as the inability of the Indian judiciary to cope with the case load. This is an overstatement and an uncharitable analysis.”
He elaborated that even a case filed a day earlier than will get added to the pendency statistic and, “therefore, not a useful indicator of how well, or poorly, a system is doing”.
“There is no doubt that the issue of judicial delays is a complex problem, not just in India. Several factors contribute towards such a situation. One of them is an Indian phenomenon called — luxurious litigation. It is a specific type of litigation wherein parties with resources attempt to frustrate the judicial process and delay it by filing numerous proceedings across the judicial system,” he mentioned.
“The sheer number of cases in the Indian judicial system may have to be viewed in the context that India is the largest democratic republic in the world. The people believe in the Constitutional project,” he mentioned.