- India’s legal system is burdened by an overwhelming backlog of cases, with over 5 crore cases pending across various courts. This backlog not only delays justice but also diminishes public trust in the judiciary.
Massive Case Backlog:
- The Indian judiciary faces a severe backlog of cases:
- Supreme Court: 82,000 cases
- High Courts: 62 lakh cases
- Lower Courts: 5 crore cases
- 50 lakh cases pending for over 10 years
Adversarial Legal System & Challenges:
- India follows an adversarial system, leading to multiple interim applications and appeals, delaying resolution.
- Low judge-to-population ratio: Only 21 judges per million people.
- Lack of infrastructure, funding, and human resources hampers efficiency.
Possible Reforms:
- Data governance: Proper classification of cases can prevent repetitive procedures.
- Retired judges: Appointing them in an ad hoc capacity can reduce pendency.
- Tweaking laws in bulk litigation areas (e.g., landlord-tenant, cheque bounce cases) to discourage unnecessary litigation.
- Punitive costs for frivolous cases, as done in other countries.
Government’s Role in the Backlog:
- The government is involved in nearly 50% of court cases.
- Reducing government litigation and promoting settlements can ease the burden.
The Potential of Mediation:
- Mediation started gaining traction in India from 2005 as an alternative dispute resolution (ADR) method.
- It involves neutral mediators helping parties reach a mutually acceptable solution without court-imposed decisions.
- Covers a wide range of cases: civil, commercial, property, matrimonial, and mercantile disputes.
Advantages of Mediation:
- Faster resolution: Most cases take only a few sessions.
- Lower cost: Both for the legal system and litigants.
- Less infrastructure required compared to traditional litigation.
- Restores relationships rather than just deciding a winner.
Implementing Mediation at Scale:
- Backlogged cases should be identified and assigned to mediators.
- Parties should have the option to choose a mediator or be assigned one.
- A reasonable fee should be provided to mediators.
- Converting backlog cases into mediation opportunities can be a game-changing solution.
Talent shortage – global challenge, India’s opportunity
Context
- A FICCI-KPMG study estimates a global talent shortage of 85.2 million workers, potentially causing $8.45 trillion in unrealised annual revenue. India has a unique opportunity to claim a large share of this economic potential.
Key Geographic Regions & Workforce Demands
- Gulf Cooperation Council (GCC), Europe, and Australia will require skilled workers.
- Health care will be a major demand across all regions due to aging populations.
- Manufacturing & construction are critical for GCC & Australia, while Europe will require more service-sector workers.
- Emerging sectors include automation, AI, big data, IoT, blockchain, and sustainability.
Barriers to Workforce Mobility
- Regulatory & Immigration Barriers: Complex visa rules and strict work permits hinder migration.
- Recruitment Malpractices & Trafficking: Exploitative agents and human trafficking threaten migrant workers.
- Policy Barriers & Skill Mismatches: Indian degrees (e.g., in medicine) are not always recognised in Europe.
- Language & Cultural Barriers: Language proficiency and cultural adaptation impact workforce integration.
4. Government Initiatives to Address Challenges
- Bilateral Agreements & Free Trade Agreements (FTAs): India has agreements with GCC nations to protect workers’ rights.
- Skill Development Programmes: Aligning workers’ skills with global market demands.
- Digital Platforms for Workforce Support: Online recruitment systems to prevent fraud and ensure legal protection.
5. Strategic Measures for India’s Workforce Expansion
- Sector-Specific Skill Training: Workforce training should align with the needs of target geographies.
- Regulation of Recruitment Practices: Strict oversight on recruitment agencies to prevent exploitation.
- Recognition of Qualifications: International collaboration to ensure mutual recognition of academic and professional degrees.
- Public-Private Partnerships: Government and private sector cooperation in skill development.
- Circular Migration & Mobility: Temporary work visas and rotational workforce models to balance labour demands.
6. Political Climate & Immigration Policies
- Europe may tighten immigration rules, but Australia remains open to skilled migration.
- The Indian diaspora in Australia is the second-largest and fastest-growing.
7. India’s Advantage in the Global Market
- Minimal hostility towards Indian workers globally, even in countries with anti-immigration sentiments.
- Preventing illegal migration will enhance India’s global reputation and protect workers from exploitation.
- India’s Economic Growth Potential:
- Arvind Panagariya (Chairman, 16th Finance Commission) projects India’s GDP to reach $6.5–$9 trillion by 2030.
Capturing a larger share of the $8.45 trillion global labour market will help India reach the $9 trillion GDP mark and achieve Viksit Bharat (Developed India) status.