Why in the news?

  • A Constitution Bench of the Supreme Court recently observed that the stagnation within the subordinate judiciary is contributing to prolonged litigation and the growing backlog of cases in the country’s courts.

Pendency of Cases in the Judiciary

  • Current Status:
    • Total pending cases across all courts: More than 4.5 crore
      • Supreme Court: Approximately 90,000
      • High Courts: More than 60 lakhs
      • District & subordinate courts: Over 4 crore
  • Causes of Pendency:
    • Vacancies in Judiciary and an Inadequate Number of Judges: Nearly 30-40% vacancies in some HCs.
    • Procedural Delays: Owing to frequent adjournments as well as long-winding procedures and appeals.
    • Government as the Largest Litigant: In over 50% of the cases filed, the government stands as a party.
    • Investigative & Prosecution Delays: Weak Police-Prosecution coordination, Delay in filing charge sheets and Forensic backlogs.
    • Other Issues: Low awareness of ADR mechanism and complex laws leading to interpretational disputes
  • Impacts of Pendency:
    • On Citizens:
      • Delayed justice violates Article 21 (Right to life and personal liberty).
      • Prolonged pre-trial detention, especially for poor defendants.
      • Civil disputes (property, marriage, contracts) remain unresolved for years.
    • On Economy:
      • Stalled economic activity due to unresolved commercial disputes.
      • Increased transaction costs.
    • On Governance:
      • Reduced public trust in the judiciary.
      • Erosion of deterrence against crime.
      • Encourages extra-legal settlements.
  • Actions Taken:
    • Technology & Digital Reforms:
      • e-Courts Mission Mode Project
      • National Judicial Data Grid (NJDG)
      • e-Filing, e-Summons, digital case records
    • Institutional Reforms:
      • Fast-track courts, special courts (POCSO, NDPS, commercial courts)
      • Formation of tribunals & Lok Adalats
      • Case flow management rules
      • Supreme Court’s push for constitutional benches to reduce pendency of key cases
    • Judicial Capacity Expansion:
      • Increase in HC and district-level judges
      • Strengthening of judicial infrastructure through the National Mission for Justice
      • Delivery and Legal Reforms
    • ADR Mechanisms
  • Way Forward:
    • Fill judicial vacancies on a fixed timeline
    • Robust case management by courts
    • Mandatory pre-litigation mediation in appropriate cases
    • Comprehensive National Litigation Policy
    • AI-based tools for scheduling & analytics
    • Digital courts and paperless processes
    • Online dispute resolution (ODR) for small-value cases

Source: The Hindu