India should establish reasonable time standards for different categories of cases, based on their complexity and the normal steps required to resolve them.
For example, different benchmarks could apply to minor civil disputes, family matters, commercial disputes, property cases, criminal trials, and appeals. More complex cases would naturally receive longer timelines.
These should not be rigid deadlines that force judges to rush decisions or compromise due process. They should be management standards that help courts identify cases that are taking significantly longer than expected.
Every court’s digital case-management system should automatically track each case’s age. When a case exceeds its expected time standard, it should be flagged so the judge and court manager can identify the reason for the delay and determine what is needed to move it forward.
Courts should publish simple performance information showing how many cases are resolved within the expected time and how many exceed it.
As part of early case management, courts should also identify disputes that may be suitable for mediation and give the parties a meaningful opportunity to resolve them without completing the entire litigation process. Litigants should be clearly informed about mediation, how it works, and any applicable incentives available under law for resolving disputes through settlement.
Resolving suitable disputes earlier would not only help the parties avoid years of litigation but also free judicial capacity for cases that genuinely require adjudication.
Leave a Reply