The recent legislative overhaul by the Union government that seeks to replace the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 with the new Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 marks a historic pivot in the Indian legal landscape. This significant reform underscores the recognition that laws rooted in the colonial era are ill-suited to govern a modern constitutional democracy poised for global economic leadership. While the reform of criminal laws has justifiably garnered national focus, a critical area still awaits attention: the urgent need to overhaul the Code of Civil Procedure, 1908 (CPC).
Revisiting Civil Justice
As we approach 2026, the CPC will have been in place for 118 years. The socio-economic and technological landscape of India has transformed drastically since 1908. The nation now navigates digital records, electronic communications, and complex commercial transactions—realities unimaginable at the time of the CPC’s inception. Despite numerous amendments, the CPC’s core remains anchored in a dated procedural framework that prioritizes administrative continuity over efficient dispute resolution.
Civil litigation, encompassing matters like property disputes, injunctions, tenancy, inheritance, and commercial transactions, often drags on for years or even decades. Procedural intricacies themselves have become barriers to timely justice, turning litigants against the very procedures meant to facilitate justice.
The Challenge of Enforcing Decrees
One of the most problematic aspects of the CPC is encapsulated in Order XXI, which deals with decree enforcement. Rather than streamlining enforcement, this order often evolves into a secondary litigation phase. Objections, resistance applications, and miscellaneous proceedings cause execution to devolve into a ‘mini trial,’ exacerbating delays. This inefficacy erodes public confidence in the judiciary, undermining justice delivery. The Bhagavad Gita aptly states, “योगः कर्मसु कौशलम्,” emphasizing that true excellence lies in skillful action. A justice system unable to enforce its decrees in a timely manner lacks procedural efficiency.
To address this, a radical rethinking of execution law is imperative. Order XXI must either be minimized or replaced with a more straightforward, technology-driven enforcement mechanism. Modern execution systems should prioritize strict timelines, digital asset disclosures, and immediate identification of attachable properties, limiting objections to ensure actual enforceability of decrees.
Streamlining Civil Procedure
The structural complexity of the CPC also demands attention. Currently, the CPC is a labyrinth of sections, orders, rules, and schedules dispersed across various chapters, posing challenges even for seasoned practitioners. This complexity is even more daunting for ordinary litigants. A modern civil procedure code should emphasize simplicity and accessibility, ensuring that procedure aids rather than hinders justice. Simplified drafting and coherent sequencing of provisions are essential to make the process more navigable.
Innovations for Timely Justice
Reform should extend beyond theoretical amendments to include practical courtroom management innovations. One suggestion is the mandatory visual classification of older pending cases through color-coded identification systems. For instance, cases exceeding a certain age could be marked with red covers or digital indicators, making their urgency immediately apparent to all parties involved. This approach promotes visibility and accountability, discouraging unnoticed stagnation of long-pending cases.
The Role of Fast Track Courts
Fast track courts, intended to expedite case resolution, have not consistently achieved their objectives. Merely labeling a court as ‘fast track’ does not ensure swift justice. Effective civil adjudication requires experienced judicial officers adept in procedural control and litigation management. Fast track courts handling significant civil disputes should ideally be managed by senior officers with substantial adjudicatory experience, as speed in justice is a product of mature procedural control rather than mere disposal pressure.
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The Path Forward
Reforming civil law is not just a legal necessity but also a democratic and economic imperative for India as it aims for global superpower status. Economic growth is closely tied to the enforceability of contracts and predictability in dispute resolution, factors that influence investor confidence. A nation aspiring for 21st-century leadership cannot rely on procedural frameworks dating back to 1908.
While reform should not forsake procedural safeguards like natural justice and due process, it must ensure fairness is not compromised by procedural inertia. As the Bhagavad Gita teaches, “यदा यदा हि धर्मस्य ग्लानिर्भवति…” renewal becomes essential when systems deviate from their true purpose. Having modernized one half of its justice system, India cannot afford to delay the other half any longer.
Mohit Kumar Prasad serves as a Senior Judge at the District and Sessions Court in Agra.
