Justice on vacation: five crore Indians wait while the courts take a break

Question (10 marks, ~150 words):

'The problem is not that judges rest, but that the whole court rests at once.' Examine the causes and consequences of case pendency in India, and suggest reforms — including alternative dispute resolution — to improve access to justice.

Introduction:

• As courts resume after a six-week summer break with 5+ crore cases pending, the debate over long common court vacations has revived — sharpened by a third of High Court seats lying vacant.

Causes of pendency:

• Severe judge vacancies (up to 1/3 of HC seats); a calendar of ~190 working days with colonial-era vacations; weak infrastructure and rising litigation.

Consequences:

• Over 5.39 crore cases (4.76 cr in district courts); backlog that could take centuries; the poorest litigants lose income and hope.

Reforms:

• Fill vacancies fast; stagger (not abolish) judicial leave so full Benches work year-round; empower a corps of retired judges.
• Scale alternative dispute resolution — Lok Adalats (2.59 cr cases in one sitting), the Mediation Act, 2023, and technology-enabled courts.

Rajasthan relevance:

• Rajasthan HC and subordinate courts carry heavy pendency; RSLSA Lok Adalats show the value of keeping forums working.

Conclusion:

• Keep justice open — the answer is vacancies filled and leave staggered, not courts closed.