While the jury is still out on whether the Chief Justice of India was in fact in tears, or merely nursing a cold, there was no doubt about his appeal to the prime minister – as Jerry Maguire would have said: “Help Me Help You”. Over a weekend when the chief justices of various high courts convened in New Delhi to address issues affecting the judicial system, the overarching issue continued to be how to tackle the nation’s ever burgeoning backlog. This is no easy task. Ask Arun Mohan, Delhi’s go-to name in civil litigation, who dedicated more than a decade towards penning his behemoth four-volume 5,000-page treatise on the problem and its remedies.
First, the undisputed facts:
- The
Indian courts are bogged down by the sheer weight of pending cases – several crores
of them still lying around clogging the pipelines of the judicial edifice.
- The
cost of litigation, the distances to be traversed to obtain justice and the
complicated nature of our laws permit only the reasonably well-heeled to even
advert to the courts as an option.
- The
lack of budgetary allocation to the courts and the poverty of measures adopted
for modernising the judicial system reflect governmental apathy to a serious
problem.

