Judiciaries across South Asia face chronic inefficiencies resulting in significant case backlogs and delays in justice delivery. This entry examines the systemic judicial congestion prevalent in India, Pakistan, Bangladesh, Nepal, and Sri Lanka through a law and economics perspective. Applying transaction cost economics and principal–agent theory, it identifies institutional shortcomings, misaligned incentives, outdated procedures, and leadership gaps as key factors perpetuating delays. The discussion highlights how judicial inefficiencies not only undermine the rule of law but also impose substantial economic and social costs, particularly hindering contract enforcement and investment. Drawing from comparative institutional analysis and empirical evidence, this entry proposes reforms aimed at realigning judicial incentives, enhancing accountability, leveraging technology, and modernizing case management practices. It emphasizes the critical role of sustained leadership and structural reforms in creating efficient judiciaries, ultimately advancing governance and economic growth in South Asia.

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Leadership Lacunae in South Asian Judiciaries

  • Tathagat Sharma

摘要

Judiciaries across South Asia face chronic inefficiencies resulting in significant case backlogs and delays in justice delivery. This entry examines the systemic judicial congestion prevalent in India, Pakistan, Bangladesh, Nepal, and Sri Lanka through a law and economics perspective. Applying transaction cost economics and principal–agent theory, it identifies institutional shortcomings, misaligned incentives, outdated procedures, and leadership gaps as key factors perpetuating delays. The discussion highlights how judicial inefficiencies not only undermine the rule of law but also impose substantial economic and social costs, particularly hindering contract enforcement and investment. Drawing from comparative institutional analysis and empirical evidence, this entry proposes reforms aimed at realigning judicial incentives, enhancing accountability, leveraging technology, and modernizing case management practices. It emphasizes the critical role of sustained leadership and structural reforms in creating efficient judiciaries, ultimately advancing governance and economic growth in South Asia.