Governments Not Deciding Issues, Leaving Them For Courts To Decide: Justice Manmohan On Pendency Of Cases

Speaking on the issue of pendency of cases, Delhi High Court judge, Justice Manmohan, on Wednesday said that the Union and State Governments are not deciding the issues and are leaving them to the courts to decide.

Justice Manmohan added that the courts are getting a huge number of matters on public interest litigation which should not be within the judiciary’s domain but “will have to be grappled with” as the citizens cannot be left remediless.

The judge was speaking at the National Conference on Ease of Doing Business organized by Confederation of Indian Industry in partnership with DPIIT.

“…..with regard to pendency [of cases], the real elephant in the room is the State and the Union. Today, the situation is each and every matter where the Union has to take a decision, the Union of India or the state governments…they are not deciding. They are leaving it to the courts to decide. Therefore, we are getting a huge number of matters on the public interest litigation which should really be not within our domain and which we'll have to grapple with because there is no other solution,” Justice Manmohan said.

He added, “How can you leave the citizen helpless, if there is no decision that is coming? And maybe a small issue, may be a big issue, but at the same time no one can be left remediless.”

Justice Manmohan said that in the “atmosphere of mistrust”, today the courts are being left to handle with each and every issue.

“Can you imagine, an issue like a dog menace is coming to the court because the civic administration is not working? And when people come and complain that we are suffering dog bites, our children are suffering, what do you do? You can't leave them remediless. You tell the government to take a call, they will not take a call. So there are issues and rarely this issue of mistrust, which is there within the institutions, outside the institutions, will have to be resolved in some way or the other. And that calls for a larger solution,” he said.

On being asked if there can be any substantive improvement in the process of contract enforcement without addressing this issue of pendency, Justice Manmohan said that there is not much of interaction which is taking place between different institutions.

“We must realize that we all have to work together. It's not that it's a blame game where I put the blame on you and you put the blame on me. We try to understand what the situation is, and how can we look for a solution in the process and in this atmosphere of mutual mistrust, mutual suspicion, I think the cause will suffer,” the judge said.

He added that a major problem with regard to enforcement of contracts is delays caused by litigation. “You must also realize what is the cause for the delay other than the legacy issues, the real causes, is the litigation which is taking place is stemming from laws, which are not in tune with the reality that exists at the ground level,” Justice Manmohan said.

He added, “Today, you cannot deny that any major issue that arises goes to the courts. Why is it? I think we all need to reflect on it. Whether it is pollution, whether it is with regard to some political issue which arises in this country, even gay marriages. Why is it coming to the courts? That's because the confidence that the court has today amongst the public, they believe no other institution is willing to hear the public at large other than the court. They believe they have their say in court only many times when you're dealing with very contentious issues.”

The judge also said that it is not a slur or abuse that there is a lot of pendency of cases, but it is also the confidence that the court is enjoying today.

“In courts, there is never a dull moment. And we are dealing with live matters. We are dealing with issues which really tickle your mind and your brain. And they are very important issues. In fact, because of the technology jump that is taking place today and technology going far ahead of the law, that we are having a challenge in court. And even the legislature is feeling scared of dealing with certain issues because they don't know how to deal with it. And it's not just the Indian legislature. It is the worldwide legislature,” Justice Manmohan said.

He added, “A few more judges will have to be increased the infrastructure will have to be improved, more digitization will have to be done. More budgets will have to be allocated over here.”

Furthermore, Justice Manmohan also said that the government today is “working overtime” and that in the last 10 years, nearly each and every branch of law has been drastically amended.

“Whether it's the direct tax law, the faceless scheme, I had never heard of it when I was a lawyer and suddenly it's all faceless today. Look at indirect tax GST, not heard of it. So these are concepts which they have brought in they are very progressive laws. I must compliment the government that they're actually progressive,” the judge said.

He added, “But they are a little ahead of their times. And people have not got attune to what the system was when it was introduced. If there had been a lot of discussion, a lot of debate, if there had been a two year time lag between what was thought of and what was implemented. I think things would have been much smoother.”

The judge also said that a drastic overhaul takes place when a new system is introduced and things are slowly changed, but it leads to a large number of litigations.

He added, “So, these are new laws which have also come and drastic amendments have taken place. Now they plan to change the penal laws also. That's the only sphere they had not touched, I think so that also is undergoing a change. So very progressive laws, very forward looking laws, are coming. But at the same time the people for whom the laws are meant must also understand them…. So it's a little more complex situation than what it appears at the surface. And it's not a case where no one is making an effort. Everyone is making an effort. I'm sure the corporate side also people are working on it. The administration is also working on it. But it's a running country…growth is taking place in every sector. So there are complex issues which have to be dealt with, but we all need to work together and not blame each other.”