NYOOOZ Allahabad: As the city prepares to host Prime Minister Narendra Modi on the completion of its 150th year celebrations of the Allahabad High Court on April 2, NYOOOZ Allahabad brings to you an overview of certain questions that have been raised against the Indian Judicial system in the recent past. India has just 13 judges per million of its population, while most developed countries have 50 and some even more than 100. Shortage of judges is one problem, but the way certain lawyers stall cases is another. Someone is absent. Dates are missed. Medical emergencies crop up. There is some problem with paperwork. And so on and so forth.  There is no great mystery in this and any average judge can tell you the modus operandi.

India has just 13 judges per million of its population, while most developed countries have 50 and some even more than 100. Shortage of judges is one problem, but the way certain lawyers stall cases is another. Someone is absent. Dates are missed. Medical emergencies crop up. There is some problem with paperwork. And so on and so forth.  There is no great mystery in this and any average judge can tell you the modus operandi.

India’s legal system has the largest backlog of pending cases in the world – as many as 30 million pending cases. Of them, over four million are High Court cases, 65,000 Supreme Court cases. This number is continuously increasing and this itself shows the inadequacy of the legal system.
Keeping in mind the above facts and figures, NYOOOZ Allahabad asked some young lawyers at the Allahabad High Court to reason out the following problems:-

Question 01: On the occasion of the completion of the 150th year celebrations, what would you point out as the 5 biggest challenges for the Allahabad High Court in delivering timely judgement?

Question 02: What, in your point of view, is the reason behind the shortage of judges in Allahabad High Court as the Allahabad High Court, which has been functioning with less than half the sanctioned judges strength, leading to the amassing of over 9.24 lakh pending cases, the highest among all the high courts in the country, of which 3,09,634 cases are over 10-year-old.

Question 03: Has the Allahabad High Court seen an upward trend in youngsters joining the city court? If yes what do you think can be the possible reason. If no, then why?

 Citing lack of speedy proceedings as one of the biggest challenges, Rishu Mishra, young and vibrant lady lawyer of the Allahabad Highcourt said that partition of jurisdiction of the courts as there is much burden over each court is required in the city’s court.

She also said that the shortage in the number of judges is one of the major fallout.

She further said that a process of filing vakalatnama like the Supreme court should be initiated in the Allahabad High Court.

 Opining on the shortage of judges in the Allahabad High Court, Rishu said, “Experience and knowledge both factors could not be clubbed while considering the applicants for Judges”.

 She also thinks that the court has seen an upward trend in the joining of young lawyers because of their confidence and way of tackling the matter before the bench. But at the same time, she thinks that the guidance of experienced lawyers should also be taken by the youngsters because experience always helps new generations.

According to another lawyer from the court, Saumitra Dwivedi, the five challenges that the Allahabad High Court is facing are:-
The number of judges to be appointed, the ratio between the judges and pending cases needs to be proportionate.

Secondly, the court needs a complete technical updation in all terms including in terms of service of order upon parties, updating the order of court swiftly etc.

Thirdly, efficient supporting staff and lawyers in the court are required so as to make the complete process accurate, correct and quick.

Fourthly, activeness on the part of legal services authority and co-ordination with the high court staff is needed for appointment of amicus curiae in lagging unattended cases, many pending cases of 1975 even.

And lastly the cases to be listed in the daily list after issuance of notices, it is very difficult from a client`s and lawyer`s perspective, frankly and practically it requires some money every time to get the case listed, not possible for many of the poor clients.

He further said that the new five-year law course which has revived the legal practice as a real professional course has pushed the trend of youngsters joining the Allahabad Highcourt.

90% of the young advocates that NYOOOZ Allahabad spoke to pressed on the need to upgrade the technical aspects in the court.

Well do tell us what do you think is the reason behind the huge number of pending cases in the Allahabad high court?

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