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Justice After Sunset: Examining The Viability Of Night Courts In India




Huzefa Indonesiawala, BBA LLB, Bharati Vidyapeeth, New Law College


ABSTRACT


India’s judicial system continues to face an unprecedented backlog of cases, raising serious concerns about access to justice and the constitutional guarantee of a speedy trial under Article 21. While multiple reform measures have been introduced, delays remain deeply entrenched, particularly at the district and subordinate court levels. This article examines the concept of night courts as a supplementary judicial reform aimed at addressing systemic inefficiencies through extended court hours.


The paper analyses the legal and institutional framework governing night courts, evaluates existing pilot initiatives in India, and undertakes a comparative study of night court models in jurisdictions such as the United States, Singapore, and Jamaica. It further assesses the practical benefits and challenges associated with operating courts beyond traditional working hours, including issues of judicial workload, infrastructure, security, and quality of adjudication.


Drawing from global practices and India’s ground realities, the article proposes a structured and selective model for implementing night courts in India. It argues that night courts, if confined to specific categories of cases such as arraignments, summary offences, and low-value civil disputes, and staffed independently of regular court rosters, can meaningfully enhance efficiency without compromising judicial standards. The article concludes that night courts should be viewed not as a parallel justice system, but as a targeted, constitutionally aligned mechanism to strengthen timely access to justice in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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