Context: The President of India Droupadi Murmu, in her address at the National Conference of District Judiciary coined the phrase ‘black coat syndrome’ to draw attention to the perennial problem of pendency in courts.

• She compared it to the ‘white coat syndrome’ patients feel in hospitals.

Reasons for such perception

• High pendency: As of August 31, 82,887 cases are pending in SC (National Judicial Data Grid).

• Additionally, delays in deciding serious crimes like rape leads to public perception of insensitivity in the judicial system.

• Frequent adjournments: It causes great mental and financial pressure specially for people traveling from villages to courts. 

• Issues with district judiciary: For instance, only 6.7% of court infrastructure at the district level is female friendly. 

• District-level courts significantly shape the public’s perception of the judiciary.

Challenges in the Judicial System of India

• Pendency of cases: As of October 2023, the ‘State of the Judiciary’ report points out that there are over five crore pending cases across all higher and subordinate courts in India.

• To handle them, however, there are only 20,580 judges working in the Supreme Court, the high courts and district courts.

• Infrastructure: Many courts lack basic infrastructure and technology, which can hinder their efficiency.

• As per the National Judicial Data Grid, 19.7% of district courts did not have separate toilets for women as of September 2023.

• Judicial vacancies: As of October 2023, against the sanctioned strength of 1,114 judges in the high courts across the country, as many as 347 positions are vacant.

• Similarly, in the district judiciary, out of the total sanctioned strength of 25,081 judges, as many as 5,300 district judges’ positions are vacant. 

• Inclusivity: India’s highest court presently has only three female judges (9.3%).

• In high courts, there are only 103 female judges (13.42%).

• The district judiciary, however, shows considerable improvement with the strength of 36.33% female judges.

Initiatives taken address the issue

• Leveraging Information and Communication Technology (ICT);

• The Electronic Supreme Court Reports (e-SCR) project is an initiative to provide the digital version of the apex court’s judgments.

• Virtual court system: The regular court proceedings are being carried out virtually via videoconferencing. 

• eCourts portal: It is a one-stop solution for all stakeholders like the litigants, advocates, government agencies, police, and common citizens.  

• National Judicial Data Grid (NJDG): The statistics of cases pending at the national, state, district and individual court level are now made accessible to the general public, researchers, academicians and the society at large.

• National Mission for Justice Delivery and Legal Reforms (2011):  It was launched with the objectives of increasing access by reducing delays and arrears in the system.

• Alternative Dispute Resolution(ADR): Lok Adalats, Gram Nyayalayas, Online Dispute Resolution, etc., are used to ensure timely justice. 

• Commercial Courts Act 2015 stipulates mandatory pre-institution mediation and settlement of commercial disputes.

• Fast Track courts: Fast track courts are being set up to expedite the justice delivery and reduce the pendency of cases involving heinous crimes, senior citizens, women, children, etc.

• Speed up efforts to modernise judiciary: through initiatives like e-Courts Integrated Mission Mode Project, Tele-Law programme,etc.

• Addressing infrastructure gaps: through scheme like Centrally Sponsored Scheme for Judicial Infrastructure.

• Reforming laws to reduce pendency: For Instance, SC  recently applied Section 479 of Bharatiya Nagarik Suraksha Sanhita retrospectively to first-time offenders, making bail accessible to undertrials.

• Institutionalisation of pro bono culture (i.e. free services): through initiatives like Nyaya Bandhu programme.