Former Supreme Court Judge Sanjay Kishan Kaul emphasized that India's challenge in clearing an overwhelming backlog of over five million cases requires a shift in approach. He highlighted that not every dispute needs to be brought to the courts, particularly noting that over 50% of litigation involves the government and public bodies as parties. Justice Kaul, who recently retired, underscored the need for alternative mechanisms to alleviate this burden on the judicial system.

“There has to be serious thought about how to make alternative dispute resolution efficacious. The Mediation Act needs to be seriously implemented, as I believe that is the way forward." Justice Kaul

He recommended that the government explore the possibility of implementing a one-time measure to address less severe cases, aiming to free up the courts to focus on more serious and grave cases. This approach would potentially streamline the judicial process and allow for a more concentrated effort on handling the most critical legal matters.

“One method was that in incidents where the maximum sentence is 10 years or less and the charged person had already undergone about 1/3rd of the sentence and it is a single incident case, taking a bond of good behavior and discharging them could unburden the system. However, I do not know whether this issue has received any consideration at the government level,” he said.