NeuroQuantology|November 2022 | Volume 20 | Issue 15 | Page 6987-6990| doi: 10.48047/nq.2022.20.15.

NQ88700
Nathiya K / Mechanisms took by Indian Judiciary to Access Justice

Mechanisms took by Indian Judiciary to Access Justice

Authors : 1. Nathiya K, PhD Research Scholar, Department of Political Science & Public
Administration, Annamalai University. 6987
2. Dr. S. Prabhakaren, Assistant Professor, Department of Political Science & Public
Administration, Annamalai University.

Introduction
The problem of delay in disposal of cases pending in court is major problem of Indian judicial
administration. The pendency around 3.3 crore cases shows the real picture of Indian judiciary since
independence of India. Justice delayed is often said justice denied, phrase by William E.Gladstone
says that justice given in out-time is really not a justice. In order to access law and access justice by
the citizens who has no legal knowledge to fund qualified advocates and legal services to get
themselves the apt legal remedy at the right time Indian Judiciary adopted lot of mechanisms.To
maintain the confidence, trust and faith of citizen towards Indian Judiciary there should not be
further delay in dispensing Justice.
DOI Number: 10.48047/nq.2022.20.15.NQ88700 NeuroQuantology2022;20(15): 6987-6990

To deal the problem of delay for the disposal of cases Mr. G. Mohan Gopal director, National
Judicial Academy propose five strategies that are
1. Eliminate arrears
2. Eliminate Court Congestion
3. Eliminate Delay
4. Eliminate Slowness through process re-engineering
5. Eliminate Cancerous litigation1
In order to adopt above strategies Indian Judiciary took lot of measures. This paper is going
to explore some of the initiatives that are taken by Indian Judiciary to eliminate arrear and delay in
Justice and to access speedy Justice. The paper is descriptive in nature by using the secondary
resources.
Objective
 To explore various initiatives taken by Indian judiciary to eliminate arrear and delay in justice
Mechanisms took by Indian judiciary for speedy disposal and door-step justice for litigants
Alternate Dispute Resolution
Alternate Dispute Resolution is a concept which deals with the disposal of cases in
order to relieve pressure on the formal court system. It is one of the process for speedy and timely
disposal of cases to promote good Governance.
Arbitration
Mediation
Conciliation / Reconciliation
Negotiation
LokAdalat are various mechanism of alternative dispute resolution.
It was first evolved in India with Arbitration Act of 1940 and then came Arbitration and
conciliation Act 1996.
Domestic arbitrations, international commercial arbitration, enforcement of foreign arbitral
awards and conciliations are regulated by the Arbitration and conciliation Act.

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NeuroQuantology|November 2022 | Volume 20 | Issue 15 | Page 6987-6990| doi: 10.48047/nq.2022.20.15.NQ88700
Nathiya K / Mechanisms took by Indian Judiciary to Access Justice
LokAdalat
It is one of the mechanism of ADR
which popularly known as people’s court by
carrying Justice to the door step. Article 39A
of Indian Constitution deals with free legal aid
most of the pending cases are dissolved
through lokadalat. It is made easy for poor to
seek Justice through lokadalat. 2
Fast Track Courts
These courts are made with a special
focus in cases involving under-trials, who had
remained in jails for a period of more than 2
years. The cases are deal by retired sessions
Judges and additional sessions Judge for
disposing of the pending sessions cases on
finest it plays vital role in disposing case later
it become dull due to some problems.3
Family Court
It is another concept of dispensing
Justice at grass root which reduce the burden
of court to dispense speedy Justice. It came
into effect by the family court Act in 1984
which is passed by the parliament. Obligatory
duty of family court is to endeavour to effect
reconciliation between the parties to a family
dispute that should benefit both the
aggrieved parties with simplification of its
rules of evidence and produce.Family court
hear a range family disputes over marriage
divorce, maintenance, guardianship and
properly.
Family court has replaced the
traditional formal and adversarial system of
solving family disputes by an informal and
humane system. It was started up with the
thought of reducing pendency but because of
vast population in our country family court
also suffer from the standard malaise of
pendency and arrears.4
NyayaPanchayat
This is another institution that has
been established to provide speedy Justice,
easy access and in expensive justice system
with the combination of Judicial system and
local self. Government to reduce the pressure
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on Civil Court.NayaPanchayat are the Judicial
components of the panchayat system which
forms the lowest rung of our judiary created
for the administration of justice at the local or
rural level with simple and informed 6988
proceduce.It is not functioning as expected
level because of lack of minimum competence
of the amateur Judges. For effective
NayaPanchayat the Judges at grass roots
village court should require to undergo a
short training in elementary principles of
Justice and court proceedings.5
Gram Nyayalayas
These are courts established for
Panchayats at the village and intermediate
levels in rural areas.The establishment of
gram nyayalayas in India can be traced to the
gram nyayalayas Act, 2008 which mandates
for free legal aid to the poor and weaker
sections of society.Each gram nayalaya is a
court of Judicial Magistrate of first class, its
presiding officer is Nyayadhikari, it have
jurisdiction over both civil and criminal
matter. Parties can argue their own cases,
but can also fine lawyers. Appeals will be with
the District Court.6
Plea Bargaining
It is a pre-trial agreement between
the accused and the prosecution in which the
accused agrees to plead guilty in exchange for
the prosecutions concessions. It is a bargain
where a defendant pleads guilty to a lesser
charge and the prosecutions drop more
serious charges.It is a part of recent
development of Indian Criminal Justice system
in considering the burden of long-standing
cases in the Judiciary and now working as a
alternative method do deal with huge arrears
of Criminal cases in Indian Court.Section 265A
to 265L, Chapter XXIA deals with the concept
of plea bargaining in criminal procedure code
which was inserted into the Criminal Law Act
2005.7
Mobile Court
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NeuroQuantology|November 2022 | Volume 20 | Issue 15 | Page 6987-6990| doi: 10.48047/nq.2022.20.15.NQ88700
Nathiya K / Mechanisms took by Indian Judiciary to Access Justice
These courts have all the authority of
usual Judicial Court. It is a regular court that
handles all types of Judicial matters and also
deals with Crime case on the basis of police
reports on Criminal complaints. The hearings
of cases will be like a regular court. It was
established for the litigants who cannot have
access to courts on account of living in remote
areas and not able to travel up to courts. The
first mobile court was established in mow at
area of Haryana in 2007. The mobile court will
have a specially equipped bus. The bus will be
equipped with a computer, sufficient scatting
capacity for about 10 persons and a private
retiring room for the Presiding Judge.
Shift system in subordinate courts
The shift system is nothing but the
working court is shifted and it will work at
evening hours in order to not to disturb the
regular court timing. Concerning the
expenditure to establish new court and
appointing judges to them it is better to work
with the same infrastructure on shift based by
using the service of retired judges and judicial
affairs.
People court and Women’s court
Saalishi or people’s court have been
established in West Bengal. Which is begin
used by agricultural labourers marginal and
small peasants, rural workers and women.8
Women’s court are made specifically
to deal with women’s marital and family
problems, by counselling and mediation
between the complainant and her husband or
other relatives.The goal of women’s court is
to avoid matrimonial litigation which finds a
way to reconcile the couple and keep the
family unit intact. This name varies from place
to place such as MahilaAdalat, MahilaMandal,
MahilaPanchayat, Mahilamanch and soon.In
women’s court all the mediators are female
and they ideally come from the same locality.9
Use if ICT in Judiciary
The computerization of judicial
system in India can be traced back to 1990. A
more systematic attempt dates to the
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Constitution of e-committee in 2005. In 2006
it was declared as integrated mission mode
project by national e-governance plan. The
proposed activity are planned to establish in
three phases in order to achieve its objectives.
The main objective of ICT in judiciary 6989
is to help the administration of judiciary in
their day to day activities to reduce the
pendency of cases with transparency and to
easy access.
Phase-I Initiates ICT implementation
in judicial system
Phase-II Coordinates the ICT
infrastructure
Phase-III ICT coverage of judicial
process and all administrative activities.10
Achievements of e-court in India
Computerization of District and Taluk
court complexes with installer of hardware
local area network, case information software
to provide basic case-related services are
provided.
Most of the courts have launched
websites for them. The process of e-
engineering project was done in order to take
a fresh look at the processes, procedures,
system and court rules.Court management
exercise was conducted to train judicial
officers and court staff to use computers.All
pending cases data entry has progressed to
high level of completeness.Judicial service
centres are established at most of the court
complexes.Video conferencing facility in court
complex and jail are established e-filing,
virtual court, online payment, digitized library,
mobile apps for e-court, and are achieved
through e-court mission mode project.
Further the committee is working to enhance
the judicial administration with the help of ICT
in upcoming phase.
Conclusion
All the above said initiatives are
established at various timeline in order to give
time bound justice without delay to its
citizens. We cannot say all the above said
initiatives are successful, some of them are
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Nathiya K / Mechanisms took by Indian Judiciary to Access Justice

lacking behind. Though there is need of more Reference

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