JUDICIAL PENDENCY: THE ROOT OF MORAL DECAY IN INDIA

PM Modi: There has been a constant Moral Decay since 1947. Building faith in the Judiciary is a more immediate solution. Attack Judicial Pendency to start with.

India's moral fabric is experiencing unprecedented strain, marked by a decline in ethical values across society. This erosion manifests through increasing corruption, rampant materialism, diminishing emphasis on value education, and growing detachment from traditional moral frameworks. As these challenges mount, citizens increasingly turn to the judiciary as their last resort for justice and moral rectification.

However, they encounter a formidable barrier: judicial pendency. This isn't merely a procedural bottleneck—it represents a profound moral and social crisis. The staggering backlog of 45 million cases, with 83% concentrated in subordinate courts, reflects a system struggling to meet contemporary needs. This overwhelming pendency creates a vicious cycle: a weakened judiciary fuels corruption, injustice, and lawlessness, which in turn accelerates the erosion of societal values.

The root of this crisis lies in the antiquated nature of India's legal system, which still largely operates on frameworks established during British rule 75 years ago. While Indian society has evolved dramatically, becoming more sophisticated and demanding, the court processes and structures remain largely unchanged. This growing disconnect between judicial capability and societal needs has created a widening chasm between public expectations and system deliverables.

Perhaps most concerning are the emerging behavioural patterns that signal a dangerous loss of faith in the judicial system:

1. A notable shift towards filing criminal cases instead of civil ones, driven by the perception that criminal matters receive faster attention

2. An increasing preference for resolving disputes at the police level, despite its limitations, rather than enduring indefinite court pendency

These trends suggest a troubling reality: citizens are abandoning formal legal channels in favour of alternative, sometimes extra-legal, methods of dispute resolution. This adaptation, while understandable, threatens the very foundation of rule of law and further accelerates moral decay in society.

Without urgent and comprehensive judicial reforms, India risks entering a downward spiral where citizens, losing faith in institutional justice, increasingly embrace unethical shortcuts and extra-legal solutions. The restoration of swift and effective justice isn't just about clearing case backlogs—it's essential for rebuilding societal integrity, fairness, and moral order in the country.

THE VICIOUS CYCLE OF PENDENCY

Judicial pendency— the backlog of cases in Indian courts—has long been a systemic challenge that weakens governance, erodes public trust, and fuels moral decay in society. The slow pace of justice delivery leads to a breakdown of law and order, emboldens criminal elements, and discourages ethical conduct among citizens. In a country where justice is delayed for decades, the very foundation of morality and accountability is compromised.

1. The Scale of the Problem

India’s judiciary is overburdened with more than 45 M pending cases, with some disputes lingering for decades. The overburdened courts, shortage of judges, procedural complexities, and frequent adjournments contribute to this crisis. The lack of swift justice not only affects litigants but also sets a dangerous precedent for the entire nation.

2. Erosion of Public Faith in the Judiciary

When citizens see cases dragging on for years without resolution, they lose faith in the legal system. This loss of trust leads to alternative, often unethical, means of resolving disputes—bribery, muscle power, and political influence become the preferred methods over legal recourse. The judiciary, which is supposed to uphold moral and ethical standards, inadvertently contributes to their erosion.

3. Encouragement to Criminality

The inability of courts to deliver timely verdicts emboldens criminals and corrupt officials. Many powerful individuals exploit judicial delays to prolong their cases, escape punishment, or wear down complainants. The failure to deliver justice in time fosters a culture where breaking the law has little to no consequences, leading to a rise in crime, corruption, and social unrest.

4. Impact on Victims and Society

Victims of crime and injustice suffer the most from judicial delays. Families seeking justice for crimes like rape, murder, or financial fraud often wait decades for closure, leaving them disillusioned and bitter. The trauma of waiting for justice without any resolution often leads individuals and communities to resort to violence, vigilantism, or social alienation.

5. Hindrance to Economic Growth and Investment

Foreign and domestic investors are reluctant to invest in a country where contract enforcement and dispute resolution take years. Judicial pendency directly hampers economic progress, discourages entrepreneurship, and weakens governance.

6. Affects Moral and Ethical Standards in Daily Life

When people see that wrongdoers go unpunished, society begins to normalize unethical behavior. From traffic violations to financial frauds, moral decay spreads when accountability becomes optional. The judicial system, meant to uphold righteousness, instead becomes an enabler of widespread dishonesty.

The staggering backlog of cases in Indian courts has created a paradoxical situation where the very institution meant to uphold justice inadvertently enables moral degradation. When justice is delayed for years or even decades, it ceases to serve as a deterrent, instead becoming an unintentional accomplice to continued wrongdoing.

HOW PENDENCY IMPACTS?

The current scenario presents a troubling pattern:

THE CULTURE OF ADJOURNMENTS

The practice of adjournments has evolved from an exception to an unwritten norm in Indian courts. This malaise stems from multiple factors:

• Lawyers seeking adjournments as a deliberate strategy to delay proceedings

• Inadequate preparation by counsels

• Non-appearance of witnesses

• Technical delays in document submission

• Absence of strict consequences for unnecessary adjournments

  
  

IMPLEMENTING SERVICE LEVEL AGREEMENTS (SLAS)

A systematic approach through SLAs could revolutionize case management:

1. Mandatory Timeframes:

• Setting strict timelines for different types of cases

• Establishing maximum limits on adjournments

• Creating deadlines for each stage of proceedings

  
  

2. Accountability Measures:

• Penalties for lawyers who seek frivolous adjournments

• Performance metrics for judges based on case disposal rates

• Regular monitoring and reporting of case progress

  
  

3. Technology Integration:

• Digital tracking of case timelines

• Automated alerts for upcoming deadlines

• Real-time monitoring of SLA compliance

  
  

ENFORCING JUDICIAL DISCIPLINE

Strict discipline in court proceedings is essential:

1.  Pre-Trial Management:

• Mandatory case scheduling conferences

• Early identification of issues and evidence

• Clear timelines for document submission

  
  

2. During Trial:

• Fixed daily hearing schedules

• Limited grounds for adjournments

• Consequences for non-compliance

  
  

3. Post-Trial:

• Defined timeframes for judgment delivery

• Strict enforcement of court orders

• Regular review of pending cases

IMPACT ON MORAL REGENERATION

Swift justice delivery can help restore moral order through:

• Creating immediate consequences for wrongdoing

• Rebuilding public faith in the judicial system

• Deterring potential offenders through predictable outcomes

• Encouraging witnesses to participate actively in proceedings

• Reducing the financial burden on litigants

STOP MORAL DECLINE

To address this systemic issue:

1.  Implement strict case management systems with defined SLAs

2.  Introduce penalties for unnecessary adjournments

3.  Increase judicial strength to handle case volumes

4.  Setting up fast-track courts for critical cases like corruption and crimes against women.

5.  Streamlining legal procedures to avoid unnecessary delays and adjournments.

6.  Leverage technology to digitalize court records for better case tracking and management.

7.  Encourage alternative dispute resolution (ADR) methods like mediation and arbitration.

8.  Regular performance audits of courts based on disposal rates

CONCLUSION

Judicial pendency is not just a legal issue—it is a moral and social crisis. A weak judiciary fuels corruption, injustice, and lawlessness, leading to the erosion of ethical values in society. Without urgent reforms, India risks further moral decay, as citizens lose faith in justice and embrace unethical shortcuts. Swift and effective justice is essential for restoring integrity, fairness, and order in the country.

By addressing the pendency crisis through strict SLAs and enhanced judicial discipline, we can begin to restore the deterrent effect of law. When justice becomes swift and certain, it naturally encourages moral behaviour and discourages wrongdoing. The impact of such reforms would extend beyond the courtroom, helping to rebuild the moral fabric of society through the practical demonstration that actions have consequences.