Editorial 1: Converting court case backlogs into treasure troves

Context

The legal system’s haunting backlog is a problem with a solution — India needs to look at mediation.

 

Introduction

Every Chief Justice of India coming into office has the spectre of the legal system’s backlog haunting him or her, as does every senior and concerned member of the higher judiciary. It is an ever present phenomenon — currently, the Supreme Court of India has 82,000 cases, the High Courts over 62 lakh, and the lower courts close to five crore. Nearly 50 lakh cases have been pending for more than 10 years.

 

It is an adversarial system

• It is not that our judges are not hardworking or efficient; the great majority of them are.
• But we are a country with a vast population that is used to thinking that the court will resolve disputes with whoever it may be—neighbour, shareholder, supplier, government, et al.
• We have one of the lowest judge-to-population ratios—21 judges for every million citizens.
• And we rely on the adversarial system, which means that virtually every case sees multiple interim applicationsduring its passage and plural appeals after the first passage is crossed.
• We also have shortages of infrastructure and capacity in terms of brick and mortar, finance, and human resources.
• Just keeping the judiciary going on a functional mode is a Herculean task—so daunting by itself that reform and restructure, while certainly the subject of well-meaning and some well-thought-out initiatives, rarely gain the prominence and push to make for system game-changing.

 

Data Governance and Litigation Reduction

• Data governance is one field where sensible classification will avoid repetitive engagement and make for quicker disposal.
• Appointing retired judges to serve in an ad hoc capacity does help to ameliorate the situation to a limited extent.
• Wider perspective solutions would require a focus on large swathes of litigation, for example, landlord-tenant disputes and cheque-bouncing cases, to see whether tweaking the law can make it less than advantageous to have the matter taken to court.
• Compensatory or even punitive costs are commonly used abroad to deter frivolous or unnecessary litigation.
• We use them rarely since we prize access to justice and want to avoid roadblocks.

 

Government’s Role in Litigation

• The elephant in the room is, of course, the government.
• Being a player in nearly half the disputes coming to court, reform will be stunted unless it learns to litigate lessand becomes more amenable to settlement options.
• There is hope on this latter score, but for now, we move to another possibility for reform.

 

Backlog and Justice Delay

• This is the gigantic backlog, the enormous waiting room, with its cavernous vaults and storage shelves and racks bursting with the claims for redress and justice of millions of citizens and causes.
• Long stay here is by itself denial of justice.
• Sometimes when the case is dusted for delivery to the judge’s table, the cause is forgotten or less crucial, or the original proponents are in another world, hopefully a litigation-free one.
• But it is this spectre of unfinished business, a too obvious sign of failure of delivery, that haunts judges.
• There is nothing good about the backlog.

 

The pitch for mediation

Mediation as a Solution: But there may be a solution. Unlikely as this may sound at first, this may be yet another instance of a problem masking a solution.

 

Process of Mediation

• Mediation started as a nascent and fledgling practice in the 1990s.
• It began to make its mark in 2005 in India, primarily as an adjunct of the court sector.
• Lawyer-led and judge-guided, it provided an opportunity for disputants to sit with a trained neutral in an atmosphere of confidentiality.
• No one imposed a result; instead, there was just a bit of guidance and nudging to help the parties come up with practical, fair, and mutually acceptable solutions.
• A focus on long-term interests, some legal realism, and a dose of the grim alternatives to settlement propel the shift from attacking the other to jointly attacking the problem.
• The cases come from a swathe of civil and commercial, personal and property, and matrimonial and mercantile disputes.

 

Encouraging Results and Future Prospects

• The results are encouraging.
• The Bar has readily adopted this alternative (now christened as appropriate) method of dispute resolution.
• Thousands of willing mediators indicate its wide acceptance.
• Mediation needs to become a full-fledged professional avenue, attracting better usage from business, government, and other disputants.
• It must provide gainful remuneration to practitioners of this new vocation.
• Mediation has caught on in the judicial system, and there is hardly any judge who does not speak of its meritsand how it is the way of the future.

 

Getting it to work

• For the judge, the backlog is a burden.
• For the mediator, it is a treasure trove.
• Hidden in courtly dungeons are hundreds of cases that just need to be assigned to mediators.
• The mediators are available in sufficient numbers and are backed by years of experience.

 

A Simple System for Mediation

• All it needs is a simple system of primary identification of cases.
• Parties should either choose their mediator or be assigned a trained and experienced one.
• A reasonable fee should be ensured for the service.
• The cost of mediation is only a fraction of the cost of litigation for both the system and the parties.
• No vast logistical and administrative infrastructure is required.
• It saves multiple hearings spread over indeterminable time spans.

 

Efficiency and Effectiveness of Mediation

• Most mediation cases take just a handful of sessions.
• Complex cases take longer, but this is nothing compared to boxes of litigative papers and swallowed calendars.
• The results achieved in mediation far outweigh those in litigation.
• It provides not just a practical solution, but often a restoration of relationships.

 

Conclusion:  Turning the Problem into a Solution

Perhaps it is time to take the keys, and rechristen our chamber of horrors as the birthing place for mediations. Apply the principle by which mediators live and work—turning the problem into the opportunity for solution.

 

Editorial 2: The U.S. visit, viewed through industry’s business lens

Context

The Prime Minister’s brief visit and the announcements made will add momentum to the India-U.S. economic relationship.

 

Introduction

Prime Minister Narendra Modi’s brief and official working visit to the United States last week was significant in many ways, reiterating the strong bonds between the two nations and igniting a new momentum in the economic relationship. The visit was replete with productive outcomes for industry of both sides, with major announcements across trade, defence, technology and energy. From the perspective of Indian industry, the initiatives announced are likely to help India itself integrate more deeply into global supply chains, boost its technology and innovation attainments, and drive its participation in the defence industrial sector.

 

Towards a trade push

Bilateral Trade Agreement (BTA) and Economic Goals

• It is a pivotal decision to initiate the first phase of a Bilateral Trade Agreement (BTA).
• The goal is to reduce trade barriers and streamline regulatory processes.
• Such an agreement would encourage U.S. companies to invest in India.
• This investment aims at plugging India into global supply chains.
• The $500 billion trade target by 2030 is ambitious but possible.
• Sectoral sub-targets and easier cross-border procedures could facilitate achieving this goal.

 

Trade Measures and Export Strategy

• Several measures have been taken to address tariffs on both sides.
• Exports of industrial goods from the U.S. to India and labour-intensive products from India to the U.S. are encouraged.
• Agricultural products are also included in this trade enhancement plan.
• Greenfield investments, including those by Indian companies in the U.S., are being encouraged.

 

Confederation of Indian Industry (CII) and Mission 500

• The Confederation of Indian Industry (CII) had endorsed this target in its 2020 report.
• Sectors such as IT, pharma, garments, and textiles stand to gain from the joint commitment to Mission 500.

 

Mutual Benefits of the BTA

• The U.S. market is already relatively open to Indian exports.
• A well-structured BTA would be mutually beneficial.
• It would facilitate greater U.S. investment and technology transfers to India.

 

A technology, defence and energy focus

U.S.-India Strategic and Technological Partnership

1. TRUST Initiative

• The Transforming the Relationship Utilizing Strategic Technology (TRUST) initiative strengthens the strategic and technological partnership between the two nations.
• Encourages private sector cooperation with governments and academia.
• Covers sectors like defence, AI, semiconductors, quantum computing, biotechnology, energy, and space.
• TRUST will promote innovation and technology partnerships with U.S. tech giants.
• The INDUS Innovation Initiative aims to boost research and development.

2. AI and Emerging Technologies

• India is becoming a key player in AI.
• The U.S.-India Roadmap on AI Infrastructure will drive investments in data centres, computing power, and AI models.
• Supports Indian startups in fintech, healthtech, and agritech.
• Encourages global innovation, benefiting India and the Global South.

3. Defence Cooperation

• Expands technology transfers, joint production, and industrial collaboration.
• A 10-year Framework for the U.S.-India Major Defense Partnership marks a significant shift in defence ties.
• Agreements for co-production will enhance manufacturing, skill development, and economic growth.
• Offset clauses may bring major advantages for Indian industry.

4. Energy Cooperation

• Focuses on long-term strategic partnerships in the energy sector.
• Leaders emphasized increasing hydrocarbon production for global energy stability.
• India’s Union Budget 2025-26 supports collaboration on small modular reactors (SMRs).
• U.S. companies will contribute to developing SMR capability.
• Strengthens India’s energy security with U.S. natural gas reserves.

5. India-Middle East-Europe Economic Corridor (IMEC)

• Joint infrastructure projects will accelerate IMEC development.
• Plurilateral agreements will fast-track infrastructure creation.
• Expands opportunities for Indian industry in railways, roadways, smart cities, and industrial zones.
• Undersea cables between India and the U.S. will boost the digital economy and services exports.

6. Links in higher education

• On education, the leaders decided to boost higher education institutional cooperation, which includes setting up of campuses by leading U.S. educational institutions in India.
• This would bring comfort to Indian students.
• Legal mobility is expected to be streamlined as well.

7. Industry Commitment

• Indian industry is committed to working with both governments to maintain this momentum.
• Advocating pro-business policies and ensuring industry feedback in implementation.

 

Conclusion

With collaborative spirit and sustained reform, the benefits of this visit can be fully realised, positioning India’s economy on a high-growth trajectory. In sum, Mr. Modi’s U.S. visit, viewed through industry’s business lens, is more than a diplomatic success. It is a blueprint for India to leverage global partnerships in becoming an economic powerhouse, innovating and prospering in tandem with its strategic ally.