The supreme court of India delivered a groundbreaking ruling in the case of M.K. Ranjitsinh & Others v. Union of India (Writ Petition (Civil) No. 838 of 2019). One of its kind judgments, that reaffirmed and positioned India’s stand in climate legislation. The ruling is called “the right to be free from the adverse effects of climate change.”
We are at times, as a common citizen, feeling the fight against climate change is losing its grip and grab. Across the globe, only few countries have delivered protection to its citizens from climate consequences in the present geopolitical situation. At such adverse times, climate verdicts from The Supreme Court of India will restore hope, and even strengthen the citizens’ spirit against the climate change battle.
Yet, in reality, timely delivery of justice draws a different picture despite our judicial machinery being capable of delivering judgement? There are several past experiences such as the 1951 Berhampur Bank case.
It is one of oldest cases in India that took 72 years to settle.
Yes! 72 years to settle a case.
Navigating the challenges of judicial backlogs and delays is a complex issue in India. While these concerns are not new, they have grown in scale over the years, leading to the current situation where the legal system is contending with a significant pending cases close to 50 million.
Imagine running post-to-post: police station, courts, lawyers; waiting for 5, 10 or 15 years, all for the justice to be served. Estimates citing that the pendency issues can cost the economy around 1.5 to 2 % of GDP. Failure in judicial proceedings can further undermine foreign direct investments, cause productivity losses and even create capital outflows.
Notably, the underwhelming India’s lowest judge-population ratio is one of the reasons we can imagine. The time frame pressure and increasing case numbers can halt the progression of legislation. When the ideal ratio is fifty judges per million, the country has only 21 judges per million population. This disparity in the figures is enough to detain cases for over a long time. In short, delay in justice is a multidimensional issue that hampers economic growth, peace and prosperity.
The next reason for the pendency issue lies with the litigants. Surprisingly, Government bodies are one of the biggest litigants in courts. As per the Legal Information Management & Briefing System (LIMBS), the central government has over 6,36,000 cases pending in courts.
These challenges are not pending due to its complexity or its size. While some are stuck due to the nature of the case, others are stuck due to “insouciant attitude”, and care less attitude about litigants.
The newly introduced criminal laws – the Bharatiya Nagrik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Sakshya Adhiniyam (BSA) are aimed to improve and ease the legal system. However, experts opine both optimistic and skeptical about implementation efficiency.
For example, digitalisation of case records is a feature of the new criminal laws. However, in areas where connectivity is questionable, the provision might create confusion and chances for delay. Also, lawyers fear that the new laws are retrograde in nature as more power is concentrated with few people.
These delays or pendency not only impacts the nation. They can slowly impede the newer avenues of climate legislation. However, few judgements on climate like the recent supreme court rulings are a fresh breath of air in the climate justice arena if they are stricter implementation, equitable in action.
In India, when the air quality drastically fell down in New Delhi, no environmental laws were sufficient to improve the condition. Again, the Supreme Court criticised the implementation of the Environmental Protection Act and reminded the Centre and state governments for stricter implementation of it. In India, there are over 88,400 environment related cases still waiting for a trial.
Thus, even if any new legislation is enacted, it is over and top of these pending cases. This further hampers the climate action policies and programs. India has granted its citizens the right to a safe, clean and dignified environment to live and thrive. However, we failed in providing an efficient and effective machinery that can guarantee and execute it.
It is true that the existing system is burdened with delays and pendencies. What would you do if your life were on hold, caught in a system that lacks humanity and urgency? It’s time to advocate for a more proactive and effective judiciary.
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Sources
- https://api.sci.gov.in/supremecourt/2019/20754/20754_2019_1_25_51677_Judgement_21-Mar-2024.pdf
- https://www.climatecasechart.com/document/mk-ranjitsinh-et-al-v-union-of-india-et-al_91a4
- https://www.claws.in/the-indian-supreme-courts-landmark-judgement-on-climate-change-implications-going-forward/
- https://njdg.ecourts.gov.in/njdg_v3//?p=home&app_token=fb46cad4b1e44cc80b53190564f8a2b1184e448fe1ba05f3d1bcdb35651ac1a5
- https://law.asia/practical-challenges-tackling-decades-old-cases
- https://www.business-standard.com/article/opinion/cost-of-pendency-of-cases-could-be-as-high-as-1-5-of-gdp-harish-narasappa-116081400774_1.html
- https://www.scobserver.in/journal/will-more-judges-help-reduce-case-backlog/
- https://www.hindustantimes.com/india-news/over-636-000-cases-involving-central-government-pending-before-courts-finance-and-railways-ministries-top-list-101690092782176.html
- https://timesofindia.indiatimes.com/india/stop-clogging-courts-with-frivolous-cases-sc-tells-government/articleshow/63979587.cms
- https://www.newindianexpress.com/web-only/2024/Jul/05/the-many-headaches-our-three-new-criminal-laws-could-spawn
- https://www.ibanet.org/criminal%20law-new-legislation-leaves-iIndian-lawyers-confused-and-ruing-missed-opportunities#:~:text=The%20new%20laws%20give%20police,to%20engage%20in%20sexual%20intercourse.
- https://www.deccanherald.com/india/supreme-court-pulls-up-centre-over-toothless-environment-laws-as-delhi-air-quality-worsens-3244742
- https://www.downtoearth.org.in/environment/india-will-need-around-34-years-to-dispose-of-the-pending-cases-under-the-environment-protection-act-93272#:~:text=In%202022%2C%20over%2088%2C400%20environment,the%20National%20Crime%20Records%20Bureau.
(Article originally published at Ecopreneur India 2025 and Reviewed by Soujanya Ranjith (lawyer))
