The pendency of cases in India has reached staggering proportions, with over 45 million cases pending across various levels of courts. This growing backlog, as reported by the National Judicial Data Grid (NJDG), raises crucial questions about the accessibility and efficiency of justice. In fact, over 62% of these pending cases have been waiting for resolution for over a year, leading to a situation where justice seems to be delayed, and thus denied for many. Mr. V. S. Sarwate, in the constituent assembly said the following for the pre-Independence civil justice system which unfortunately holds true for the current scenario of the whole justice system as well, “Jo diwani men jata hai woh diwana ho jata hai”.
As we dig deeper into the causes behind the rising pendency of cases in India, several systemic and structural issues emerge that need urgent attention.
Understanding the Pendency of Cases in India: A Growing Crisis
The pendency of cases in India is not just a logistical issue but a deep-rooted problem that impacts the very fabric of the justice system. With each passing year, the backlog of cases continues to rise, making it harder for individuals to get their day in court. This situation is not just a byproduct of a slow judicial process, but a reflection of several deeper issues within the legal and judicial infrastructure.
Key Reasons Behind the Rising Pendency of Cases in India
1. Overloaded and Understaffed Judiciary
One of the major reasons behind the rising pendency of cases in India is the glaring shortage of judges. The country has long struggled with an insufficient number of judges to handle the sheer volume of cases. Back-in in 1987, there were 10.5 judges per million and as per the Law Commission’s 120th Report (1987), it was recommended that India should have at least 50 judges per million people which was further endorsed by the apex court in 2002 in the case of All India Judges Association and Others v. Union of India and Others when it ordered the Centre to meet the 50 judge requirement which was mere 13 judges per million back then. Currently, India stands at just 21 judges per million, which is far below the recommended number. The delayed judicial appointments, particularly at higher levels, exacerbate the problem, leading to a situation where courts are consistently understaffed.
The shortage of judges leads to the inability to manage the increasing caseloads, causing prolonged delays in case resolution. In fact, as of the latest reports, the High Courts and the Supreme Court together have 363 vacancies to fill, while lower courts have more than 5000 vacancies. This chronic understaffing leaves judges overburdened with a caseload far greater than what they can handle efficiently.
2. Complex and Lengthy Legal Procedures
Indian legal procedures are often unnecessarily complex, which significantly contributes to the pendency of cases in India. The legal framework requires numerous steps, forms, and formalities for each case to be processed. These steps, although designed to ensure fairness, often result in delays and adjournments. Cases can get delayed due to technicalities, such as missing documents, or when the parties involved are not present in court. The number of adjournments requested by both parties adds further time to the already long process.
Moreover, India’s legal system has a multi-tiered appeals process that allows cases to be escalated from lower courts to higher courts. Although the system of appeals are designed to serve the principle of fair justice this often results in cases being dragged through years of hearings, leading to further delays in reaching a verdict.
3. Misuse of Public Interest Litigations (PILs)
Public Interest Litigations (PILs) were initially introduced to address issues concerning the violation of fundamental rights, often affecting marginalized communities. While PILs have been instrumental in bringing justice to many, their growing misuse has added to the pendency of cases in India. With around 25,000 PILs being filed each year, some of these are frivolous and do not have a substantial legal foundation.
For example, in the case of Pratyush Prasanna v. State of NCT of Delhi, the Delhi High Court dismissed a PIL filed merely based on a tweet, deeming it without any substantial research or valid grounds. Such cases clog the court system, wasting valuable judicial resources and further adding to the backlog.
4. Lack of Infrastructure and Technological Advancements
The inefficiency of court infrastructure and the lack of technological advancements are also significant contributors to the pendency of cases in India. Many courts, especially in rural areas, still rely on manual record-keeping and paper-based systems, which are slow and prone to errors. The implementation of e-courts and digital systems has been slow, despite some positive initiatives such as virtual hearings and digital filing spearheaded by the former CJI DY Chandrachud.
The former Chief Justice of India, Justice P. Sathasivam, emphasized the need for e-governance in the judiciary, highlighting that the current system needs an overhaul to improve case tracking, scheduling, and evidence management. While the Supreme Court has proposed the establishment of digital courts and a roadmap for judicial technology, the slow pace of implementation continues to impede progress.
5. Limited Use of Alternative Dispute Resolution (ADR)
While Alternative Dispute Resolution (ADR) methods, such as mediation, arbitration, and conciliation, offer a faster and less formal way to resolve disputes, their use remains limited in India. Despite the proven efficiency of ADR, many individuals and businesses are still unaware of these methods or do not trust them. As a result, many cases that could be resolved through ADR ultimately end up in the overburdened courts.
Encouraging the widespread use of ADR could significantly reduce the caseload in courts, especially in civil cases. Although arbitration is gaining traction, other forms of ADR are still underutilized, contributing to the increasing pendency of cases in India.
6. Socio-political Factors and Delays in Appointment of Judges
Another key reason behind the rising pendency of cases in India is the delayed appointment of judges, particularly in higher courts. The collegium system and political disagreements often cause delays in judicial appointments, further exacerbating the backlog. In the absence of timely appointments, courts remain understaffed, leading to further delays in the resolution of cases.
Recent Case Examples and Impact of Pendency
In recent years, high-profile cases such as the Nirbhaya case have highlighted how prolonged legal processes can lead to frustration and a loss of public confidence in the judicial system. In this particular case, repeated appeals and mercy petitions filed by the accused prolonged the resolution of the case, drawing attention to how legal technicalities can be exploited to delay justice. The Solicitor General had called it, “a deliberate, calculated, well thought out design to frustrate the mandate of the law”
Similarly, the Ram Janmabhoomi case, which remained unresolved for decades, is another example of how the pendency of cases in India can stretch on for years, causing social unrest and prolonged legal battles.
How Can We Fix the System?
Addressing the pendency of cases in India is not an impossible task, but it requires a multi-pronged approach:
- Increase the number of judges: The judicial system needs to be expanded by appointing more judges, particularly at lower levels, to manage the increasing caseloads.
- Adopt digital technologies: The implementation of e-courts and digital filing systems can streamline the process, reduce manual errors, and increase efficiency.
- Encourage ADR: Policies should be introduced to promote and encourage the use of ADR methods to resolve disputes outside the courtroom.
- Simplify legal procedures: Legal reforms that streamline procedures and reduce adjournments will help clear the backlog.
- Faster judicial appointments: Speeding up the appointment process for judges will ensure that courts are adequately staffed to handle cases efficiently.
Conclusion
The pendency of cases in India is a major issue that hampers the accessibility and efficiency of the justice system. However, with the right reforms, increased judicial strength, and the adoption of modern technology, the backlog can be significantly reduced. It is crucial that we address this issue promptly to ensure that the promise of justice, as enshrined in the Indian Constitution, is not just a distant dream, but a reality for all citizens.
What are your views on the rising pendency of cases in India? How do you think we can improve the current system? Share your thoughts in the comments below.
References
https://www.deccanherald.com/opinion/indias-arbitration-landscape-evolves-but-needs-reforms-3062717
https://www.thehindu.com/news/cities/Delhi/delayed-execution/article31077434.ece