The problems are enormous: a backlog of more than 33 million cases; 4,296 of the 19,238 sanctioned subordinate courts lying vacant and 266 positions of high courts judges of the 906 sanctioned vacant.
Law commission member Mool Chand Sharma had remarked on the issue of pending cases thus: “The government being one of the largest litigants before the courts, it needs to reflect more closely, seriously and sensitively on how and when to pursue litigation and, importantly, also reflect on when not to pursue litigation".
Apex Court lawyer and writer Sanjay Hegde's view is that the new government should take good decisions and not duck them for the judiciary to step in. This has been endorsed by new Attorney General Mukul Rohatgi that the government should avoid frivolous litigation. Rohatgi, upon his appointment, had said that he would try to reduce the filing of frivolous appeals or appeals involving recovery of pretty amounts by the government.
A thorough review of the existing cases before the courts of law - from the Supreme Court of India to a munsif/ lowest civil and criminal court can ensure the closure of frivolous cases without giving any adjournments under the pressure of the Bar. State governments should review the cases filed by them in a discriminative manner under some extraneous conditions and reasons. Law Secretary and the law minister should apply their minds and reduce the pendency by withdrawing the useless and trivial cases without any further delay.
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