Factors affecting efficient discharge of judicial functions: Insights from Indian courts

Abstract

The mandate of any judicial system is to pronounce quality judgements in a timely, impartial and transparent manner. The Indian judiciary is currently facing a mammoth backlog of cases leading to delayed delivery of justice. The present work develops a framework identify and prioritize factors that influence judicial performance and applies it to the case of Indian courts. The study determines twenty factors that affect an efficient delivery of judicial functions. We classify these factors into five broad categories, namely, organizational, judge-related, case-related, procedural and exogenous. We rank the categories and factors within each category using fuzzy best-worst method. Findings indicate that organizational and procedural categories are most significant, thereby, having maximum potential to improve judicial efficiency. Complexity associated with judicial procedures is the highest ranked factor, followed by lack of information technology initiatives, high complexity of cases, low judicial staff and procedural ambiguities. We recommend policy interventions based on key insights derived from the results. Focused changes in acts and codes for simplification of judicial processes are essential to enhance judicial efficiency. Judges and staff can play a more active role by adopting practices to improve case procedures. Various challenges associated with technological reforms need to be addressed for their successful implementation. Separate procedures can be outlined for complex cases and judges can prioritize these cases to reduce unnecessary delay. Courts can also recruit judicial staff in line with the requirements followed by their optimal allocations.