“We have inherited an extremely cumbersome process of Justice delivery”: AG KK Venugopal suggests solutions to tackle pendency, secure access to justice

Attorney General for India K.K.Venugopal (AG) today emphasised on the point that a court of appeal must be established in order to lessen the burden of cases in the Supreme Court and to bring down pendency. The AG was addressing an audience of law officers and judges from Supreme Court and High Courts on the on the occasion of constitution day.

The AG said,

"The life cycle of a civil case in India is 30 years 10 of which is in SC. The litigants who approach the court are put through this cumbersome process."
He said that the Supreme Court has to hear various types of cases from across the country whereas that the top court should solely be dedicated to hearing cases pertaining to constitution.

He said the time has come when the Govt and the Judiciary put their heads together because what is happening right now cannot be allowed to continue.

”We are not doing justice. We are denying a very important fundamental right."

The AG further suggested that a court of appeal be constituted in each zone of the country and that the judgments of these courts be made final.

The AG said the pendency of cases in most of the common law countries there is a court of appeals between the High Courts and the Supreme Court and these courts absorb all the cases which otherwise take a lot of time for the Supreme Court to decide.

The AG said "Pendency in Supreme Court will reduce then. For Supreme Court of India, it will not need these 34 judges. 15 judges sitting in 3 constitution benches of 5 judges each will be enough. Judges will be able to hear patiently and write excellent judgments, not that they are not writing excellent judgments now."

The AG further said that the right to access to justice is a fundamental right and that this has to be within a reasonable cost and time. He remarked that 30 years is not a reasonable time and that there is no use in brushing this fact under the carpet. In conclusion the AG said "There is a need to rethink the (role of) Supreme Court of India. We have inherited an extremely cumbersome system. Cumbersome process has to be done away with."