The Issue of Pendency in Indian Courts

📚 Syllabus: Judiciary
📰 Source: The Hindu
🗓️ Reference Date: 21 July 2025 (As per National Judicial Data Grid - NJDG)

🔷 Introduction:

The foundation of Indian democracy rests on the principle of “justice for all and timely justice.” However, when justice remains buried in court files for years, citizens begin to lose faith in the Constitution and its institutions.
Currently, India’s judicial system is grappling with a massive backlog of 52.9 million (5.29 crore) pending cases, which the President of India described as “Black Coat Syndrome”—a symbol of delay, confusion, and eroding trust in justice.

⚖️ Current Status of Pendency in Indian Courts (as of July 2025):

• District Courts: 46 million (4.6 crore) pending cases
• High Courts: 6.33 million (63.3 lakh) pending cases
• Supreme Court: 86,700 pending cases

Judicial Capacity Deficit:

• Only 15 judges per 1 million population, whereas the Law Commission (1987) recommended 50 judges per 1 million.

Disparity in Justice Delivery:

• Only 38.7% civil cases are disposed within a year, while 70.6% criminal cases are resolved in time.

🛑 Key Reasons for Pendency:

1️⃣ Severe Shortage of Judges:

• Judiciary is functioning at just 79% of its sanctioned strength.
• 5,665 judicial positions are vacant, accounting for 21% of total sanctioned posts.
• Judges face excessive workload due to staff shortages.

2️⃣ Excessive Delay in Civil Cases:

• Cases like property disputes, family matters, and contract issues last for years.
• 20% of civil cases remain pending for more than 5 years.

3️⃣ Absence of Time-Bound Framework & Monitoring:

• No legally fixed timelines for filing, hearings, witness examination, etc.
• Frequent adjournments further delay the process.

4️⃣ Lack of Infrastructure & Resources:

• Shortage of courtrooms, staff, digitization tools, and basic facilities.
• In subordinate courts, a single judge handles hundreds of cases.

🏛️ Major Government Initiatives:

1. e-Courts Mission Mode Project:

• 18,735 courts digitized, with 99.4% WAN coverage.
• 3,240 court–jail video links, enabling paperless proceedings.
• Phase-III (₹7,210 crore): Building an integrated judicial platform.

2. Judicial Infrastructure Scheme:

• Court halls increased from 15,818 (2014) to 23,020 (2024).
• Investment of ₹11,167 crore.

3. Judicial Appointments Reforms:

• Since 2014, 976 High Court judges and 62 Supreme Court judges have been appointed.
• District judiciary strength increased to 25,609 judges.

4. Fast Track & Special Courts:

• 866 Fast Track Courts, 755 POCSO Courts operational.
• Over 2.53 lakh sensitive cases disposed.

5. ADR (Alternate Dispute Resolution) Mechanisms:

• 275 million cases resolved through Lok Adalats (since 2021).
• Mediation Act, 2023: Institutionalizes pre-litigation mediation.
• Arbitration Acts prescribe timelines for commercial dispute resolution.

6. Tele-Law & Pro Bono Services:

Launched in 2017 under the Ministry of Law & Justice, Tele-Law aims to provide affordable, timely, and accessible legal advice to citizens in rural and remote areas.
Alongside, the "Nyaya Bandhu" Pro Bono Legal Services was initiated to offer free legal counsel and representation by lawyers as part of their social responsibility.

🚀 The Way Forward:

📈 1. Increase Judicial Capacity:

• Expedite judge appointments and streamline the selection process.
• Bring transparency and timeliness in the collegium system.

💻 2. Strengthen Digital Justice System:

• Promote e-Courts, AI-based case tracking, virtual hearings, and automated scheduling.
• Implement the FASTER system for real-time digital transmission of court orders.

⚖️ 3. Strengthen ADR Mechanisms:

• Make pre-litigation mediation mandatory in civil and commercial cases.
• Develop a national pool of trained ADR professionals.

👨‍⚖️ 4. Establish Specialised Benches:

• Set up domain-specific courts for environment, taxation, intellectual property, and cybercrime.

🧑‍🤝‍🧑 5. Ensure Public-Centric Access to Justice:

• Expand Tele-Law, mobile legal clinics, and regional language judgments.
• Promote legal literacy through school curricula, live court streaming, and awareness campaigns.

✅ Conclusion:

The soul of the Indian Constitution lies in timely and fair justice. But with over 50 million pending cases, there is an urgent need for deep structural reforms in the judiciary.
If government schemes, digital innovation, and ADR mechanisms are implemented with honesty and consistency, the Indian judiciary can once again emerge as a trustworthy, efficient, and people-centric institution.

📘 Judicial Reform Case Study: Digital Transformation in Telangana

The Telangana High Court successfully implemented a digital judicial system under the e-Courts project. It not only made the judicial process faster and more transparent but also ensured justice reaches rural areas effectively.

🔑 Key Features:

1. Digital Filing (e-Filing):

• Enables online filing and tracking of cases by lawyers and litigants.
• ✅ Result: Reduced crowd in court premises and improved record management.

2. Virtual Hearings:

• Especially effective during the COVID-19 pandemic using video conferencing.
• ✅ Result: Uninterrupted judicial process and time savings.

3. FASTER System (Fast and Secured Transmission of Electronic Records):

• ✅ Result: Real-time delivery of bail orders to prisons, reducing human rights violations.

4. Digital Display Boards & SMS Alerts:

• Provides real-time updates on case status and hearing dates.

5. Establishment of ADR Centres:

• Linked Lok Adalats, Mediation Centres, and Gram Nyayalayas with technology.

📊 Impact:

✅ Insights for Reform:

• Digital technology + Administrative will = Real judicial reform
• Telangana’s success is a replicable model for other states.

From “Justice delayed is justice denied” to “Justice digitized is justice delivered” — Telangana’s effort is an inspiring example of future-ready judiciary.

📘 UPSC Mains Relevance:

• This case study can be linked to topics like “Minimum Government, Maximum Governance,” Digital India, Access to Justice, and Judicial Accountability.
• Use it as a best practice in essay writing or GS Paper 2 answers.