Pakistan, Jan. 31 -- Considering a gigantic backlog of court cases on both sides of the border (over 6 million in Indian high courts and 2.1 million in Pakistan), debates on how to improve the judicial institution have become a routine matter. Even as the bench realises the fundamental need for a fair justice system, their hands seem tied, thanks to a fundamental injustice within. This week saw senior puisne judge Justice Mansoor Ali Shah remark, "If everyone rushes to court and obtains stay orders, how will the economy function?" as he stressed the importance of mediation mechanisms in a country that required almost 20,000 judges to manage the present caseload.

New Delhi, on the other hand, announced relaxation in the conditions to appo...