Topic: GS2 – Indian Polity – Judiciary |
Context |
● India’s judicial system faces a massive backlog of cases, with nearly five crore pending in lower courts alone.
● Mediation, a faster and cost-effective alternative, is emerging as a viable solution to ease the burden, improve efficiency, and ensure timely justice. |
Backlog in the Legal System
- The legal system in India has a massive backlog of cases.
- The Supreme Court has 82,000 cases pending, High Courts have over 62 lakh cases, and lower courts have nearly five crore cases.
- Around 50 lakh cases have been pending for more than 10 years.
Challenges in the System
- Judges in India are hardworking and efficient, but the vast population leads to a high number of cases.
- The judge-to-population ratio is low, with only 21 judges per million citizens.
- The adversarial legal system results in multiple interim applications and appeals, prolonging cases.
- There are shortages in infrastructure, finances, and human resources, making reforms difficult.
Possible Solutions
- Data governance can improve classification and avoid repetitive litigation.
- Retired judges can be appointed in an ad hoc capacity to help clear pending cases.
- Reforming specific litigation areas like landlord-tenant disputes and cheque bouncing cases can reduce unnecessary cases.
- Imposing compensatory or punitive costs can deter frivolous litigation, a practice commonly used in other countries.
- The government is involved in nearly half of the disputes, so reducing its litigation can help ease the backlog.
Impact of the Backlog
- The backlog creates a long waiting period, leading to denial of justice.
- Many cases lose relevance over time, and the original complainants may no longer be alive.
- The backlog symbolizes failure in the legal system, affecting the judiciary.
Mediation as a Solution
- Mediation gained prominence in 2005 in India as a court-supported process.
- It involves a neutral mediator guiding both parties to a fair solution without imposing a decision.
- It is used in various disputes like civil, commercial, matrimonial, and property cases.
- Mediation has been welcomed by the legal community, with thousands of trained mediators available.
How Mediation Can Help Reduce Backlog
- Mediation transforms backlog into an opportunity by resolving cases outside the court.
- Cases can be assigned to trained mediators, reducing the burden on judges.
- Mediation is faster and cheaper than litigation, requiring only a few sessions.
- Unlike litigation, it often restores relationships and provides a mutually accepted solution.
Conclusion
- The legal backlog is a major issue, but mediation offers a practical solution.
- By integrating mediation into the system, courts can reduce delays and improve justice delivery.
- The backlog should be seen as a resource for mediation, helping turn legal problems into solutions.
Practice Question: Discuss the challenges posed by the backlog of cases in India’s judiciary and evaluate how mediation can serve as an effective alternative dispute resolution mechanism. (250 Words /15 marks) |
2.The U.S. visit, viewed through industry’s business lens
Topic: GS2 – International Relations |
Context |
● Prime Minister Modi’s visit to the U.S. reaffirmed the strong ties between the two nations and introduced new momentum in economic cooperation.
● The visit led to major announcements in trade, defence, technology, and energy, benefiting industries in both countries. |
Bilateral Trade Agreement (BTA) and Economic Growth
- The initiation of the first phase of a Bilateral Trade Agreement (BTA) will reduce trade barriers and simplify regulatory processes.
- This agreement is expected to attract more U.S. companies to invest in India, strengthening economic ties.
- The ambitious $500 billion trade target by 2030 is achievable through sectoral sub-targets and streamlined cross-border trade.
- Steps have already been taken to address tariff issues, ensuring that India can export labour-intensive goods and agricultural products while importing industrial goods from the U.S.
- Greenfield investments, including by Indian firms in the U.S., will be encouraged, promoting business expansion.
- Sectors like IT, pharmaceuticals, garments, and textiles are expected to benefit significantly from this agreement.
Technological and Strategic Partnerships
- The S.-India TRUST (Transforming the Relationship Utilizing Strategic Technology) initiative deepens the strategic and technological partnership between the two countries.
- TRUST focuses on innovation in defence, artificial intelligence (AI), semiconductors, quantum computing, biotechnology, energy, and space.
- The INDUS Innovation initiative aims to boost research and development in emerging technologies.
- India’s role in the AI economy is growing, and the S.-India Roadmap on AI Infrastructure will encourage investment in AI-driven industries, including fintech, healthtech, and agritech.
Defence Cooperation and Indigenous Manufacturing
- Defence sector collaboration has strengthened through expanded technology transfers, joint production, and industrial partnerships.
- A 10-year Framework for the U.S.-India Major Defense Partnership has been launched, marking a significant shift in defence ties.
- Agreements for co-production of defence systems will promote indigenous manufacturing, skill development, and economic growth.
- India stands to benefit significantly from defence agreements, particularly through offset clauses that will support local industries.
Energy Security and Renewable Goals
- Energy cooperation was a key topic, focusing on long-term strategic linkages to diversify India’s energy sources.
- Increasing hydrocarbon production will help improve global energy stability and affordability.
- India’s Union Budget 2025-26 supports private sector participation in the development of small modular reactors (SMRs), with U.S. companies contributing to this sector.
- As India pursues its net-zero goals, U.S. natural gas reserves can serve as a reliable energy source.
Infrastructure and Digital Connectivity
- The U.S. and India are committed to strengthening the India-Middle East-Europe Economic Corridor (IMEC).
- Joint infrastructure projects will accelerate developments in railways, highways, smart cities, and industrial zones.
- The undersea cable project connecting India and the U.S. will support India’s digital economy and services exports.
Higher Education and Student Mobility
- The two nations have agreed to enhance higher education collaboration, allowing S. institutions to set up campuses in India.
- This initiative will provide Indian students with better education opportunities while ensuring smoother legal mobility for studies and employment.
Conclusion
- Indian industry is committed to working with both governments to maintain economic progress and ensure effective implementation of these initiatives.
- With sustained reforms and pro-business policies, the benefits of this visit can be fully realized.
- This visit marks not only a diplomatic success but also a blueprint for India’s economic growth, fostering innovation and strengthening India’s position in global partnerships.
Practice Question: How will the recent India-U.S. agreements on trade, technology, and defence impact India’s integration into global supply chains and its strategic partnerships? Analyze their potential benefits and challenges. (250 Words /15 marks) |
If you like this Editorial don’t forget to check previous one –The long and winding road of India China relations