High Court Judge Justice Gurusiddaiah Basavaraju dwells on backlog cases in Courts of Law
Mysore/Mysuru: The inability of the Executive to efficiently enforce laws enacted by the Legislature has resulted in an accumulation of cases within the Judiciary, opined High Court Judge Justice Gurusiddaiah Basavaraju.
He was speaking after inaugurating an event which saw the release of monthly magazine ‘Law for All’ at Kalamandira recently. “When the Executive branch of the Government fails to effectively enforce laws created by the Legislature, it leads to a buildup of unresolved legal cases as many functioning requires judicial intervention. This backlog strains the judicial system, causing delays in Court proceedings and undermining public trust in justice,” he said.
Factors like resource limitations, corruption and political interference can contribute to this problem. To address it, Governments must enhance the capacity and efficiency of law enforcement and administrative agencies, promote inter-branch cooperation and ensure timely enforcement of laws to prevent case accumulation, he added.
The Executive branch, which includes the Government and administrative agencies, is tasked with carrying out the laws enacted by the Legislature. This involves various tasks such as law enforcement, regulatory activities and policy implementation. However, if the Executive fails to adequately perform these tasks, it can lead to a backlog of legal cases, he said.
When laws are not effectively enforced, individuals may resort to legal action to seek remedies for violations or disputes. If the Executive fails to promptly address these issues, cases accumulate within the Judiciary. This is particularly true in situations where citizens believe their rights are being violated, but the Government is not taking appropriate action, he added.
Failure of Executive
“Unfortunately, we live in a time when the Judiciary has to intervene even in minor issues and teach administration and laws to the Executive. Courts have limited resources, including judges, courtrooms and administrative staff. As cases pile up, it can lead to delays in hearings, trials and verdicts. This can compromise the timely delivery of justice and undermine public trust in the legal system,” Justice Gurusiddaiah Basavaraju said, citing various examples of Executive failure and how the Judiciary helped restore faith in the system.
“In 2002, officers acquired a farmer’s land without publication or notice, leaving the farmer without any recourse. Fearing Government officials, the farmer silently endured the loss until 2015 when he was forced to file a petition in the Court. Despite the Court’s ruling for a suitable solution according to regulations, officers ignored it and appealed in 2018. After 23 years of rigorous legal proceedings, justice was finally delivered by two judges. However, the family had to endure immense suffering during those years,” he explained.
Lack of awareness on Lok Adalat
Many people are unaware of Lok Adalat. This alternative dispute resolution mechanism aims to provide justice outside the formal Court system. Lok Adalats focus on resolving cases through conciliation and compromise, promoting quicker and cost-effective solutions.
All over Karnataka, there are six permanent Lok Adalats including one in Mysuru. Despite its benefits, the concept is not widely understood by the general public and awareness campaigns might help individuals utilise this approach for resolving their disputes, Justice Gurusiddaiah Basavaraju regretted.
The magazine ‘Law for All’ was released by High Court Judge Justice D.B. Shivashankaregowda and the event was presided over by senior High Court Advocate Jayakumar S. Patil, Second Additional District and Sessions Court Judge S.T. Devaraj, senior advocate K.R. Shivashankar, magazine editor and former Government advocate K.B. Suresh and others were present.
This post was published on September 4, 2023 7:39 pm