‘Cyclic syndrome’ of arrears and efficiency of Indian judiciary

Abstract

One of the four pillars of democracy in India is the judiciary, which in the recent past has experienced the ‘cyclic syndrome’ of arrears. There are 3.5 crore cases pending in the Indian judicial system that has a bearing on contract enforcement. A burgeoning stream of literature has reported the role of the judiciary in economic growth and development. In the wake of a given potential economic multiplier of the judicial system, examining the factors affecting the performance of the judiciary should merit attention. The present study juxtaposes jurisprudence and production theory, not frequently examined in the same gust by employing Data Envelopment Analysis (DEA), Malmquist Productivity Index (MPI), Stochastic Frontier Analysis (SFA), and regression for High Courts and Subordinate Courts. Employing the dataset for the years 2014–19, we investigate the technical efficiency and productivity of the High Courts and their Subordinate Courts and examine the factors influencing the dissolved cases. Furthermore, we examine the impact of COVID-19 on the cases instituted and cases disposed of. To sum up, the paper, thus, touches upon two basic dimensions of justice for High Courts and Subordinate Courts in India: Timeliness in the disposal of cases and the proportionate use of the state’s resources. The study confirms the role of judges, judicial staff, and demand for justice on the supply of justice. Shreds of evidence point toward the need to introduce a “cocktail-based” approach instead of a “one-size-fits-all”.