Despite a substantial investment exceeding Rs 9,800 crore since 2011 aimed at enhancing court infrastructure and integrating technology into the justice delivery system, the progress in case disposal has been minimal. Over 10,000 cases remain pending in the Supreme Court for more than a decade, with some cases dating back as far as 30 years. Additionally, nearly 80,000 cases are stuck in various high courts across the nation, some of which have been unresolved for over three decades.
In a recent written reply to a parliamentary inquiry, Law Minister Arjun Ram Meghwal emphasized that the responsibility for timely disposal of cases lies primarily with the judiciary, which has not set a definitive timeframe for resolving these cases. He stated, “Timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, cooperation of stakeholders viz bar, investigation agencies, witnesses, litigants and proper application of rules and procedures.”
The Supreme Court has been relatively swift in appointing judges to fill vacancies; however, the scenario is quite different in the country’s 25 high courts and subordinate courts. Currently, these high courts face a significant shortfall of judges, with 341 vacancies out of a sanctioned strength of 1,122. Subordinate courts experience an even higher deficit, with 7,311 vacancies against an approved strength of 30,868 judges.
Law Minister Meghwal attributed the high number of vacancies to the failure of the respective High Court collegiums to adhere to the timelines established for making recommendations concerning judicial appointments, which is a primary factor contributing to the backlog.
To address this ongoing challenge, Arrears Committees have been established in all high courts and district courts specifically aimed at clearing cases that have been pending for more than five years. Furthermore, the government has introduced several legislative measures, including the New Criminal Laws 2023, the Negotiable Instruments (Amendment) Act, 2018, Commercial Courts (Amendment) Act, 2018, and the Specific Relief (Amendment) Act, 2018, all intended to alleviate case pending issues.
