THE LAW AND ECONOMICS OF DISPUTE RESOLUTION IN INDIA
Arnab Kumar Hazra
Bookwell
Price: Rs 445
Though the problems afflicting the courts are well known, there have been few published studies on them based on hard data. Official reports of committees that have examined specific issues and reports of the Law Commission lie wrapped in the law ministry.
The courts do not part with relevant information because they do not interact with the public or the media. Therefore, a work like this must be welcomed given that there are few such investigations into the problems surrounding the delay in justice delivery.
The book contains extensive data on the pendency of cases in subordinate courts and the high courts. They relate to five years, from 1994 to 1998. The data are analysed from various angles, like civil and criminal cases, age-wise pendency, ratio of disposals at various periods, the number of judges available and required to dispose of the cases, and the efficiency of the courts at different levels.
Since the figures refer to the mid-nineties, they may not be up to date. The scenario has changed fast over the past few years. Many high courts have introduced computers in recent years. Technology has helped collate cases raising the same issues and placing them in one bunch before a single bench.
Court administration has also improved with the modernisation of infrastructure. However, the subordinate courts are yet to benefit from the winds of change. Therefore, the data regarding them might still be relevant.
Nearly half the book contains tables. Some of the findings from these are interesting. A high court in the country, for instance, works only 210 days in a year. This is seven months. Since the judges are entitled to one month
