Disposal Rates, Pendency, and Filing in Indian Courts: An Empirical Study of the Two States of Andhra Pradesh and Kerala
ECONOMIC ANALYSIS OF LAW IN INDIA: THEORY AND APPLICATION, Babu, P.G., Thomas Eger, A.V. Raja, Hans-Bernd Schäfer & T.S. Somashekar, eds., Oxford University Press, New Delhi, 2010
23 Pages Posted: 30 Oct 2010 Last revised: 4 Jan 2011
Date Written: October 26, 2010
In this paper, we deal on the Crucial problem of judicial delays in India. With a backlog of almost 30 million cases in the High Courts and Lower Courts, litigants' transaction costs increase significantly due to the associated problems it causes. The frequent failure of courts to resolve disputes in a timely manner has important consequences for economic growth and development. We examine the impact of changing court efficiency, which is defined as disposal rates, on the rate at which fresh cases are filed. An improvement in efficiency would increase confidence in the courts, and therefore tend to increase the rate at which people approach them for justice. Studying data from two states in India, we infer a positive correlation between changes in efficiency and the rate at which fresh cases were filed. While one state witnessed declining efficiency, also saw a fall in the rate at which fresh cases were filed. Our observation suggests that there can be no certainty of optimal outcomes, where judges are taxed beyond their capacity, therefore, an increasing the number of judges may improve disposal rates.
Keywords: Andhra Pradesh, Caseload, Delay, Disposal Rates, Efficiency, Filing, India, Kerala, Litigation, Pendency
JEL Classification: K41, C23
Suggested Citation: Suggested Citation