More than 65 lakh cases remain undecided in India out of approximately 4 Crore cases pending in Lower Courts in the Country – it is all due to lack of counsel or non-availability of Counsel. It is the data of The National Judicial Data Grid or NJDG. According to the officials, approximately 78% of such cases are criminal and the rest civil. Different states have different records in civil cases. Officials also said that a variety of reasons could be pointed to this like no selection process of council members, death of existing lawyers, and un-affordability of advocates at the time of dragging on cases, no appointment of lawyers by prosecution and incompetence of free legal services. Not enough judges and adjournments for diverse reasons are resulting in delay.
According to the National Judicial Data Grid, Uttar Pradesh has more than 4.5 Lakh Civil Cases and 20.2 Lakh s Criminal Cases.
Bihar has more than 2 lakh civil cases and 7.2 criminal cases. Maharashtra has more than 4.5 Lakhs civil cases and 4 Lakhs criminal cases. Delhi has around 60000 thousands civil cases and 2.5 lakhs criminal cases. The data is also high for Karnataka, Tamil Nadu, Rajasthan, Gujarat and rest of the India.
In lower courts, majority of lawyers are overburdened; while a good number of professionals have left the profession due to the way the registry in the courts’ function, case listing and varied other reasons. In majority of cases, lawyers often miss the court hearings due to overburden. the aggrieved persons are found running out of resources to continue paying hefty legal fees due to the missing court hearings and varied other reasons.
Fast-track courts are required to setup and registration procedure for the lawyers should be flexible. There are also varied other steps required to taken to solve the cases that are increasing the list of pending cases day after day.