In a recent address in Prayagraj on Saturday, Chief Justice of India, CJI DY Chandrachud, highlighted the critical issue of case pendency in Indian courts, attributing a significant portion of the backlog to the reluctance of district courts to grant bail for minor offenses. During the inauguration of an arbitration center, the CJI emphasized the need for trial courts to actively seek resolutions to cases to alleviate the increasing pressure on the Supreme Court.
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CJI Chandrachud pointed out that the hesitancy to grant bail in seemingly minor cases has led to an unnecessary escalation of cases to the Supreme Court, thereby adding to the already burgeoning caseload.
“There is a need to pay attention. Many such cases, which should be settled in the trial court itself, are reaching the Supreme Court. Due to non-availability of bail in small cases, people are coming to the Supreme Court and the pressure there is increasing,”
he remarked, shedding light on the systemic inefficiencies that contribute to judicial backlog.
The Chief Justice also voiced concerns over the lengthy duration it takes for criminal appeals to be decided, questioning the bar’s eagerness to file bail pleas without a readiness to argue criminal appeals. He called for a collective effort to address this issue, which he believes is a disservice to the state.
Highlighting the adverse effects of prolonged case pendency, CJI Chandrachud noted,
“What happens because of large pendency of criminal appeal, particularly in the high court and the Supreme Court, is that judges are compelled to grant bail, no matter how heinous the offence, because of the realization that if you don’t grant bail today, the person will probably die in jail or may have served out the sentence by the time the criminal appeal came up.”
This situation, according to the CJI, is detrimental to the justice system.
Despite the challenges, the CJI remains optimistic, citing Tamil Nadu as an example where solutions to the ‘problem of pendency’ have been successfully implemented. He also criticized the existing ‘fear psychosis’ within the judiciary at the district level regarding bail granting, suggesting a need to reassess the culture of subordination between the high court and the district judiciary.
In his speech, CJI Chandrachud also addressed public misconceptions about the judiciary, particularly regarding the number of vacations judges take. He clarified that judges work tirelessly, often seven days a week, to keep up with their duties.
“Let us tell the nation what the Supreme Court does, what its judges do, let the community know the nature of the work, as we are criticised often for vacations. People say ‘inko chhutti bahut zyada milti hai’ (they get too many days off), but don’t realize that judges work all seven days of the week,”
he stated.
The event also saw the release of a book titled ‘Courts of Uttar Pradesh’, which provides a detailed historical perspective of district courts in the state, further emphasizing the CJI’s commitment to transparency and public engagement in the judicial process.
Chief Justice Chandrachud’s remarks underscore the urgent need for judicial reforms, particularly at the trial court level, to ensure timely justice delivery and reduce the backlog of cases plaguing the Indian judicial system.
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