Mahek Harichandan, Ramaiah College of Law
ABSTRACT
This paper explores the intricate issues of judicial pendency, undertrials, and illegal detention in India. The Indian judicial system, with its staggering backlog of cases, has been a subject of intense scrutiny and reform. Undertrials, who constitute a significant portion of the prison population, often face prolonged detention without conviction, raising critical questions about justice and human rights. This paper examines the causes, impacts, and potential solutions to these pressing issues.
Introduction
The Indian judicial system is often lauded for its robust framework and comprehensive legal provisions. However, it is also criticised for its inefficiency and delays. As of 2023, millions of cases remain pending in various courts across the country, resulting in a significant number of undertrials languishing in jails. This paper aims to dissect the problem of pendency, undertrials, and illegal detention, highlighting the systemic issues and suggesting reforms for a more efficient judicial process.
Judicial Pendency in India
Judicial pendency refers to the backlog of cases that have not been adjudicated within a reasonable timeframe. As of recent reports, Indian courts have over 40 million pending cases1. The reasons for this backlog are multifaceted, including inadequate judicial infrastructure, shortage of judges, procedural complexities, and frequent adjournments.
1. Infrastructure and Manpower: The Indian judiciary faces a severe shortage of judges. The Law Commission of India recommends 50 judges per million population, but the current ratio is significantly lower.
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