INTERPRETATION OF LAW

According to various web sources, about 73,000 cases are pending in the Supreme Court of India. In all Indian courts put together,  over 44 million cases are pending. As on Jan 2021  there are 1,05,560 cases of those are 30 years old. Less than the required number of courts must be one of the reasons for the huge amount of pending cases. 

 As per available information there are 204,096 courts in China, 67,994 in Russia and 29,023 in USA. In  India  there are  25 High Courts other than the Supreme Court. Altogether there are 23,790 judges. The reasons for such amount of pending cases are said to be the following. Less number of judges, absenteeism of judges, process of trial of a case, strike by advocates, frequent transfer of judges etc.

While we discuss about the process of trial cases, we may find that according to WJP (World Justice Projects) Rule of Law Index 2020, Denmark, Norway and Finland topped the Index. Venezuela, Combodia and DR Congo were at the bottom of the list. In this Index of 2021, India is placed at the 79th position in a list of 139 countries.

Even though our constitution is framed in such a way to maintain peace and harmony among every individual of the country, every legislature is adding more provisions to avoid any infringement. Hundreds of such new bills are passed by parliament and state legislatures together every year. Further elaborate laws can be found per community, per institution, per organisation and so on. Altogether there may be ship loads of law in our country. Further to these it takes considerable time to convincingly establish an action  as an offense. This may be due to so many 'ifs, buts, subject to' etc are inserted in the law.

It is not sure whether it is right to suggest to simplify our laws as far as possible to avoid unwanted interpretation. It would also be appreciable to appoint a suitable commission for this purpose and to bring down the number of laws the maximum possible. If these could be arranged, it could be safely assumed that the processing time of cases in the courts can be brought down considerably.

K V George

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