A Call to Action: Transforming India’s Justice System in Budget 2025-26

 As India celebrates over 75 years of independence, a significant challenge continues to hinder the progress of our democracy: the inability of the justice system to deliver timely justice.

The numbers are staggering—over 5 crore cases are pending in courts across the country, with many taking 15-20years to reach resolution. This delay impacts millions, including 2.5 lakh under trials languishing in jails despite Supreme Court guidelines on bail,and taxpayers burdened by ₹12.5 lakh crore in unresolved disputes.

The need for reform is urgent. Delays and inefficiencies erode faith in the system, allowing corrupt individuals to escape accountability while ordinary citizens struggle for justice. Addressing this crisis demands a comprehensive approach with targeted solutions and substantial investment.

Challenges in India’s Justice System

India’s judiciary faces immense pressure due to a shortage of resources. With only 20 judges per million people, compared to the recommended 50 and the US's 100, the system struggles to keep up with the growing caseload. Moreover, the serious dearth of public prosecutors, forensic laboratories, and trained investigators compounds delays.Court infrastructure is inadequate, and outdated legal processes often exacerbate inefficiencies. Millions of old cases, some over 15 years old, clog the system, while routine government appeals contribute further to the backlog.

Proposed Reforms and Investments

To ensure justice is not delayed or denied, the following reforms should be prioritised in Budget 2025-26:

1.       Increase judicial capacity: Judicial capacity must be increased to gradually raise the judge-to-population ratio to 50 per million over the next decade. Allocating₹10,000 crore annually for court infrastructure will enable the construction of new courtrooms, chambers for lawyers, and residences for judges. Additional judges, including retired ones, should be appointed to clear the backlog of cases efficiently.

2.       Streamline litigation processes: Cases pending for over 15 years, especially minor disputes, should be withdrawn to reduce the burden on courts.A comprehensive Government Litigation Policy must be adopted to limit routine appeals, accept lower court decisions, and set higher monetary thresholds for appeals. This approach will help prevent unnecessary escalation of cases.

3.       Leverage technology: Leveraging technology can revolutionise judicial processes.Developing a nationwide digital platform akin to UPI will enable efficient filing, tracking, and resolution of cases. Digitising land records and introducing a National Land Title Guarantee Law will further reduce property-related disputes and foster transparency.

4.       Amend outdated laws: Outdated laws must be amended to ensure quicker resolutions. Laws governing cheque bounces, rent control, and other minor matters should be reformed to allow for summary judgments. Decriminalising commercial offenses will encourage business confidence and reduce rent-seeking behaviour, paving the way for smoother commercial operations.

5.       Enhance tribunal functionality: Tribunals must be strengthened to function effectively. Appointing full benches and increasing the number of judges in tribunals are critical steps toward reducing delays and ensuring efficient case management. Adequate funding should be allocated to clear pending cases and enhance tribunal operations.

A Vision for Justice

Justice delayed is justice denied. By adopting these reforms and investing significantly in the judiciary, India can unlock its true potential as a just and equitable society. This transformation is essential not only for upholding the rights of citizens but also for fostering trust, reducing economic inefficiencies, and creating a robust foundation for growth.

The time to act is now. The Budget for2025-26 must prioritise the justice system as a pillar of India’s development,ensuring fairness and accountability for all.

Originally Published in LiveMint