Converting court case backlogs into treasure troves

  • 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.

Source: https://www.thehindu.com/opinion/lead/converting-court-case-backlogs-into-treasure-troves/article69248701.ece 

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.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top