- As you are aware, the Indian justice system is burdened with millions of unresolved cases, resulting in massive backlogs. The most recent data shows that the backlog of pending litigation cases has surpassed 45 million. That is a staggering number, and the fact that millions of undertrials are languishing in jails due to a lack of hearings, adjudication, and prompt delivery of justice speaks volumes about how ineffective our justice system has been over the years. Despite the Supreme Court’s diligent efforts to address this glaring anomaly, the growing number of cases on the ground has only added to the misery of the common man seeking relief/resolution from the justice delivery system.
PC: Anuroop Omkar
- Furthermore, certain efforts were made by stakeholders to reduce the burden on the justice delivery system. One such attempt was to move the mediation process forward before any case reached the litigation stage. As a result, the historic Mediation Bill, approved by the Union Cabinet last week for introduction in Parliament’s just-begun monsoon session, must be a huge relief to millions of people seeking justice. The Bill was first introduced in Rajya Sabha in December 2021, and it benefited from deliberations by a Parliamentary standing committee. The context for the Bill is, of course, the massive backlog of cases in the judicial system, with nearly 90% pending in district and subordinate courts.
- So dire is the situation that the Supreme Court, in 2020, set up a panel to prepare draft legislation for mediation and shared it with the Union Government. Three aspects of mediation stand out: It’s non-adversarial and based on consent. Also, the process is more flexible than other resolution routes. The Mediation Bill is limited to civil and commercial disputes. Further, it proposes mandatory pre-litigation mediation for at least two sessions. If it’s unsatisfactory, a disputant can opt-out and switch to litigation. There’s a deadline of 180 days to finish the process, which can be extended by another 180 days. Finally, the mediation settlement is binding on all parties. Before Parliament clears the Bill, there are three things worth revisiting.
PC: GEMMEEUROPE
- The Parliamentary committee wanted GOI to reconsider mandatory pre-litigation. Anxiety stems from the possibility that one of the disputants may game the system to delay litigation. A solution is to compress the deadline of 180 days and ensure that the requisite infrastructure is in place at the outset. Two, the Bill excludes governments, India’s biggest litigants, from the scope of mandatory civil mediation. It defeats the purpose of the Bill. Governments shouldn’t get special treatment. Finally, the Bill needs to be in greater harmony with the Singapore Convention, easing cross-border dispute settlement. It’s Indians who are languishing in various jails across the country will benefit from synchronization.
