Indian Regulations on Ethics and Their Impact on Court Case Backlogs

• Author: S. Chandra
• Position: Jindal Global Law School (Sonipat, India)
• Pages: 72-83

BRICS LAW JOURNAL Volume IV (2017) Issue 1

COMMENTS

InDIan REGuLaTIonS on ETHICS anD THEIR IMPaCT

on CouRT CaSE BaCKLoGS

SUSHANT CHANDRA,

Jindal Global Law School (Sonipat, India)

DOI: 10.21684/2412-2343-2017-4-1-72-83

The paper aims to explore the role of ethics regulations on the backlog of cases in the

state of Uttar Pradesh, India. There, there are many local practices which hinder the

disposal of cases in the courts. The paper examines several, beginning with the theoretical

training in ethics at the law schools and its impact in practice. The paper then explores

the legal status of strikes and how they are conceived by lawyers in delaying the disposal

of cases. Next it deals with adjournments in the courts and unravels the myriad frivolous

reasons cited in seeking adjournments, as well as how, despite statutory limitations,

courts succumb to the pressure of the Bar in granting them. The author echoes concern

for creating transparency, eciency and a system that inspires integrity, and argues for

the need to rethink and redesign the whole system and create independent tribunals to

enquire into lawyers guilty of professional misconduct.

Keywords: case backlog; court delays; ethics regulations.

Recommended citation: Sushant Chandra, Indian Regulations on Ethics and Their

Impact on Court Case Backlogs, 4(1) BRICS Law Journal 72–83 (2017).

Introduction

The state of Uttar Pradesh is the most populous state in India with seventy-

ve districts under eighteen subdivisions. The 2011 census stated a mammoth

200 million as the population of the state. The state has the highest case backlog