Justice delayed is justice denied. This statement stands true in the present scenario of the legal system’s inefficiency in mitigating the massive backlog of court cases. The legal system is the backbone of a nation and ensuring equity, fairness, and justice for its people. But if the system fails to provide timely justice, it creates a constitutional crisis, which results in a loss of confidence in the judiciary and a threat to the rule of law.
The significant backlog of cases in courts across the world is a staggering issue. In the United States, the backlog has surged to an all-time high in the last few years. According to a report by the National Center for State Courts, approximately 100 million cases were in pending status in state and local courts in 2020. The COVID-19 pandemic worsened the situation as many courts shut down, trials were postponed, and in-person hearings were suspended.
The legal system’s inefficiency leads to prolonged stays in overcrowded prisons, economic losses to litigants, and the undermining of the system’s credibility. The legal process often costs an enormous amount, which means that inadequate representation and prolonged periods of time in the judicial process can financially ruin the litigants.
Backlogs also put pressure on judges and lawyers, leading to compromised quality of justice. Judges, who should be efficiently rendering judgments, end up being overburdened with cases, which negatively affect their work’s quality. Lawyers, who represent their clients, often push for out-of-court settlements, resulting in a lot of pending cases remaining unresolved. This leads to inadequate legal compliance which is essential for the rule of law.
The backlog situation is worse in underdeveloped countries, where the legal system is archaic in terms of infrastructure and manpower. For instance, in India, the backlog stands at around 61,000 cases per judge, and the average time taken to dispose of a case in lower courts is around four years. The scenario is also the same in African countries, where a single judge may have to hear 1,000 cases in a single session due to a lack of judges.
To resolve the crisis, governments must effectively employ measures like hiring more judges, improving technology, and increasing funding in the legal sector. Alternative dispute resolution mechanisms should be in place to reduce the burden on the judicial system. Proactive steps like incentivizing out-of-court settlements, online dispute resolution or virtual hearings, appointing more judges, adopting software solutions designed specifically to cater to legal operations, and mediation should be considered.
In conclusion, the massive backlog of cases in courts around the world has led to a constitutional crisis and threat to the rule of law. Governments should engage different approaches to relieve the burden on the judicial system and create prompt and effective mechanisms to render justice. Justice delayed is justice denied, and ensuring that judicial systems work efficiently is the first line of defense against the threats to the rule of law.
