Fewer judges increasing pendency, hope for movement by govt to clear names: CJI

“An issue that has been affecting court systems across the world relates to the fact that decisions within the regular courts take a long time,” the CJI said in his inaugural address at the Conference on ‘Arbitrating Indo-UK Commercial Disputes’ at Mansion House, London.

“There is no denying that pendency of cases is a major issue in India,” he said. “Reasons for this include growth of the Indian economy, population, rising awareness about rights etc. In the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying. This is why I have been strongly advocating for transforming and upgrading the judicial infrastructure in India, as well as filling up judicial vacancies and augmenting the strength.”

He said, “After I assumed the office of Chief Justice of India, in addition to filling up 11 vacancies in the Supreme Court, the Collegia could secure appointment of 163 judges to various high courts. Twenty-three more recommendations are pending with the government. The Central government is yet to transmit another 120 names received from various high courts to the Supreme Court Collegium.

“I have been reminding the government to expedite the process so that [the] remaining 381 vacancies can be reduced considerably. I am hoping for some forward movement in this regard.”

On arbitration, the CJI said, “Although arbitration is not new to India, I must admit that it is still a domain which is evolving with the changing needs of the time.” He said the “growth of the Indian arbitration scenario has been very responsive to global trends and demands”.

The CJI pointed out that besides the ease of enforcement of arbitration awards, another advantage for choosing India as a favored investment destination is its judicial system. He said: “Both the legal systems in India and the United Kingdom are known for giving paramount importance to the rule of law. Both nations share a similar legal culture, where courts are known and respected as independent institutions.

“Apart from this, investors would be entering into a common, familiar legal field, as both nations follow the common law system. Laws on important issues are often convergent between both nations.”

On the growth of arbitration in India, CJI Ramana said many international dispute resolution institutions are being established across the country to provide the commercial world fast and effective resolution of disputes. State governments are also taking active steps in establishing international arbitration centres, keeping in view global trends, the CJI pointed out.’

He said the presence of such international arbitration centres will not only boost India’s global position as an investor-friendly nation but also facilitate the growth of a robust legal practice. This will also provide a fresh avenue for young lawyers to indulge in the practice of international commercial law, he said.

The CJI said that to “catch up to the developed world, world-class arbitration and mediation centres need to be set up and promoted” in the country.

CJI Ramana said that “keeping the big picture in mind”, he had “taken the initiative to set up an International Arbitration and Mediation Centre in Hyderabad”. He also conveyed that the Centre has proposed to set up another one in Gujarat.

“As these centres are new and upcoming, there is a lot to be learned and shared from the success stories of arbitration in London,” he said.