I have always believed that individuals make history rather than other way around. Our Green Revolution would not have happened without C. Subramanium's wilfulness. England would not have possessed Bengal without Clive's stubborn wish to teach Siraj a lesson. In the same way, the Lok Adalat in Chandigarh would not have cleared 20,000 court cases in 17 months without S.K. Sardana. And, the Supreme Court would not have disposed of 76,000 cases in 12 months were it not for justices Venkatachalliah and Ahmadi. We have long despaired over judicial delays, but we did not know how bad things were until Bibek Debroy, an economist, collected the data. Soon after the 1991 reforms, we began to realise that a market economy could not succeed unless contracts between buyers and sellers in a free market could be speedily enforced in the courts. Debroy headed a project in the Ministry of Finance and discovered that the backlog in our legal system is more than 25 million cases. It takes up to 20 years to settle a dispute, and it would need 324 years to dispose the backlog at the current disposal rate. 1500 out of 3500 central laws are obsolete and should be scrapped, and half the 30,000 state laws as well. Digging deeper, Debroy found that things were not quite as alarming as they first seemed. He found that the average civil case is, in fact, settled in two years once you exclude tax disputes, land and tenancy quarrels and government to government litigation. When the VAT comes into force, the tax area will come under control. With computerisation of land records, land disputes too will get sorted out eventually. What has shocked the nation's conscience is that the main culprit behind judicial delay is the government, which appeals automatically all judgements and proceeds to lose them again. Thus, it crowds out the private individual. This happens because the decision to litigate is made at the lowest level in the bureaucracy but the decision not to litigate is made at the highest level. If this process were simply reversed, government litigation would come down. Pressure is building to punish bureaucrats who launch frivolous litigation, but nothing will come of it because of poor accountability. Another practical solution is to remove the disputes between government departments and settle them outside the court system. This was agreed, in fact, in the 1994 conference of state law ministers. Lawyers are the other reason for judicial delay. They have been fighting the amended Civil Procedure Code. It is not ideal, but it will speed up the system. It permits summons to be sent by registered post (rather than via a corrupt bailiff); it introduces pre-trial hearings, which disciplines both lawyers and judges; it shortens verbal arguments in favour of written submissions; it reduces adjournments, and speeds up post-trial decree. The new code has passed both houses of parliament, and if Mr Jaitley is courageous and honourable, he will notify it immediately, and score six runs for speedy justice. How did Lok Adalat Sardana and chief justices in the Supreme Court achieve their miracles? First, they computerised the cases. The computer found that most pending cases were related. The chief justice then made the judges specialise-e.g. all environmental cases went to justice Kuldip Singh. Computerisation ensured that all related cases were scheduled on the same day. If the Supreme Court can do it, so can the High Courts. Wilful Sub Division Magistrates (SDMs) can also achieve the same miracles in the lower courts. Why don't they just do it? S.K. Sardana also discovered that the computer was his best friend. He found that most of the 100,000 cases pending in the union territory related to landlord-tenant, motor traffic, and divorces. He brought together retired judges and social workers, gave them desks, called in the feuding parties and they conciliated and mediated between them. Since lawyers were the reason for delay, he forbade lawyers and court processes, and pressured the parties to reach a voluntary agreement, which was final and could not be appealed. In the same way, mediation has dramatically reduced the backlog in Andhra, indirect tax cases in Tamil Nadu and land cases in Gujarat. We have Lok Adalats in most states, and if S.K. Sardana can do it, why can't they? I have learned from long years in business that it is not intelligence but will that moves the world. The more you believe in a thing, the more it exists. If we want justice to prevail we need wilful men like Sardana, Venkatachalliah, and Ahmadi. Better still, hundreds of SDMs across India should say, "we too can do it." Remember, the feeling of injustice born of delay is insupportable to the human spirit and when justice does not prevail the judge is condemned.

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