There are more than 3 crore cases pending in different courts of India. Many of these cases are pending for more than 10 years. Below are the approximate number of cases pending in Supreme Court, High Courts and District and Subordinate courts in India.
- Around 60,000 cases are pending in Supreme Court.
- Around 42 lakh cases are pending in different High Courts.
- Around 2.7 crore cases pending in District and Sub-ordinate Courts.
Why are too many cases pending in Indian courts?
At least five crore cases are filed every year and judges dispose of only two crore. The reasons being –
1. Increase in the awareness of rights by common man
The recent socio-economic advances and the resultant awareness of legal rights, has given courage to common people to approach courts of law for justice.
2. New mechanisms (Eg: PIL) and new rights (Eg: RTI)
As government explicit made legislation for new rights like ‘Right to Information’ and ‘Right to Education’, aggrieved parties started to increasingly knock the doors of justice. Also, active judiciary has invented new devices like Public Interest Litigation which gave again resulted in more cases.
3. There are not enough judges
There are not enough judges (only around 21,000). Current Judge to Population ratio is 10 to 1 million. The Law Commission report in 1987 recommends atleast 50 to 1 million. Population has increased by over 25 crore since 1987.
The Centre says the States should take the lead in increasing the number of judges and the States say Centre should take the lead. As this tug-of-war goes on, judges’ strength remains the same and litigants remain in jail.
More than half the posts are vacant. There is a conflict between Judiciary and Executive regarding the appointment of Judges to Supreme Court and various High Courts.
Colonial legacies like paid long vacations – at a time when the number of judges is low, the appointed judges are taking long vacations, especially in High Courts.
4. There are not enough courts
- Indian judiciary has insufficient resources. Both Center and States are not interested in increasing spending with respect to the judiciary.
- Budgetary allocations for the whole judiciary are a pathetic 0.1% to 0.4% of the whole budget.
- India needs more courts and more benches.
- Modernization and computerization have not reached all courts.
5. There is too much litigation from the Government Side
The government is the largest litigant in India, responsible for nearly half the pending cases. Many of them are actually cases of one department of the government suing another, leaving decision-making to the courts. Also, it most of the cases, when government files a case, it is seen that the government side fails to prove the point.
6. Low judicial quality in lower courts
The Indian Judicial system has miserably failed to attract the best brains and the talented students.
As the quality of judges in lower courts is not always up to the mark, appeals are filed against the decisions in higher courts, which again increases the number of cases.
Judges lack specialization and they have turned less efficient and lazy.
7. Archaic Laws or Vague Drafting of Laws
The archaic laws that fill up the statute books, faulty or vague drafting of laws and their multiple interpretations by various courts are also reasons for prolonged litigation. Some of these laws date back to 1880s. Somebody wants to do something, he is shown a law drafted in the last century and told to stop doing it.
Why can’t the number of Judges be increased?
SC Chief Justice Thakur lamented “inaction” by the Executive in increasing the number of judges to 40,000 from the current 21,000. He blamed the Centre for doing nothing to increase the number of courts and judges in the country. He accused Centre of stalling appointment of judges to the High Court.
More productive days?
In 2014, former Chief Justice of India, Justice R.M. Lodha, proposed to make Indian judiciary work throughout the year (instead of the present system of having long vacations, especially in the higher courts) in order to reduce pendency of cases in Indian courts.
However, as per this proposal, there is not going to be any increase in the number of working days or working hours of any of the judges and it only meant that different judges would be going on vacation during different periods of the year as per their choice.
But, the Bar Council of India rejected this proposal mainly because it would have inconvenienced the advocates who would have to work throughout the year.
Consequences of Pending Cases in Indian Courts
- The common man’s faith in the justice system is at an all-time low.
- Denies the poor man and under trial prisoners their due of justice.
- Economic reforms remain only on paper without speedier justice system.
- Foreign investors are increasingly doubtful about the timely delivery of justice, which affects the success of programs like ‘Make in India’.
- Judiciary is unable to handle the “avalanche” of litigation. Judiciary becomes overworked and lose its efficiency. Justice delayed is justice denied and Justice hurried is justice buried.
Solutions to the Problem of Pending Cases in Indian Courts
- The government needs to double the number of judges and create all India Judicial Service. The number of judges (vacancies) should be immediately raised to at least 50,000 from the current 21,000.
- Fix the NJAC controversy at the earliest and start appointing judges in Supreme Court and High Courts.
- More courts – Fast Track Courts, Lok Adalats, and Gram Nyayalayas.
Reference:
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Population control & crime control is the major problem of India. Unemployment also problem, And all those problems create by politicians who is anty Indian
If we are talking about our Judiciary problem and their lots of cases pending in different courts across india, then we have to must think about our constitution as its solutions but lengthiest , and each solution having another way to track out , jump out over every petition , complain filed by the people. There has mere exact point of view wherefrom the people get can there satisfaction of the decision…
It’s all about attitude and political will. We need a balanced reform
FIR filed on me and the case is being investigated since april 2002.As of now Trial is yet to commence.is there any limit for disposing of the case
requested your good self to advise me on the issue
for any further info required will be submitted upon hearing from you
Regards
To follow the Article 375 of the constitution by the constitutional authority, without delay and without excuse.
absolutely this is rubbish.
main issue dishonesty from both lawyers and judges.
2+2 =4 it is not rocket science
if you go court to say 2+2=4 it will take 4 to 6 years.
The reason is
you need to follow same procedure to same
another thing judges are dictators in democracy, they think their power is absolute and permanent
No need of any reforms.
Absolutely law is same in all countries.
Where people are honest and educated, Legal system is working
Also people respect the law, abide by the law. judges are honest.
India has same law , some people are dishonest they are in all places judges, police,politicians etc ruining the life of many
god only can save or he can impose some misery to correct the system.
Faith is the important aspect in democracy. But pendency of more than 3 crore cases will make people not to beleive judicial system. My opinion is that if there was any secual harrasment and rape cases , special investigation team was formed and judgement is delivered very quickly.
Why not this system is to be adopted?Not only increasing the strength of supreme court and retirement age, but the judges must also to be active in providing judgement. And if the judicial is not good, people who are doing mistakes continue doing it as their mind set is that their mistakes were not be considered by even sc.
Rape cases are gradually incresin now a days . The reason is long delay in judgement. It may result in protes and laurel of India started declining.
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Courts take years to solve simple maintenance cases.there are no fixed quantum for disposal of the cases.to read a simple salary slip they take 4 to 5 yr. Any law minister cant talk about about these pendency of maintenance case . If there was fixed percentage to calculate . Then there will be no appeal against the same it will save the court time.
Both Ceiminal and civil proceedure codes made by the British rule are age old and not practicable in the 21 st century esp in the Indian context. Legal formalities are to be simplified. Based on the seriousness of the crime and the
amount of money and wealth involved in the civil dispute set up a time frame to dispose the case and if any objection in the civil matter let parties involved be send to adalaths. Strengthen village adalaths and increase the number of lower courts in the country.
However the Indian judiciary is the last source for preserving the rights of the individual in India where corruption is prevailing from top to bottom in politics and administration.