Judicial Pendency in India: Causes, Impacts & Way Ahead

• The Supreme Court has stated that “denial of speedy and timely justice can be disastrous to the rule of law.” India’s judiciary is burdened with 4.5 crore pending cases, including 80,221 in the Supreme Court (January 2024). While the judiciary is often blamed, multiple stakeholders contribute to this crisis, necessitating systemic reforms.

Judicial Pendency in India: Key Data

Causes of Pendency of Cases

Judicial Overload and Infrastructure Deficit

• Vacancies in the Judiciary: Over 400 judicial positions remain vacant.
• Judge-to-Population Ratio: India has 21 judges per million, far below the recommended 50 Judges.
• Limited Use of Technology: Inconsistent implementation of e-courts and AI-based case management.

Frivolous and Vexatious Litigation

• Government Litigation: Accounts for 50% of pending cases; 70% deemed frivolous (Justice B.R. Gavai).
• Overuse of Special Leave Petitions (SLPs): Article 136, meant for exceptional cases, is frequently misused.

Inefficiencies in Legal and Procedural Framework

• Delays in Evidence Collection: Lack of forensic labs and slow investigations prolong trials (E.g., Aarushi Talwar Case).
• Multiple Adjournments: Lawyers frequently use stalling tactics.
• Rigid Procedural Laws: Colonial-era CPC and CrPC allow lengthy appeals.

  

Impact of Judicial Pendency in India

• Judicial pendency affects governance, economy, and fundamental rights, with over 5 crore pending cases (NJDG, 2023).

Constitutional & Legal Impact

• Justice Denied: Violates Article 21 (right to life and liberty); Hussainara Khatoon case (1979) recognised the right to a speedy trial.
• Weakens Rule of Law: Undermines public trust & emboldens lawbreakers, affecting governance stability.

Socio-Legal Impact

• Overcrowded Prisons: 75% of prisoners are undertrial, leading to human rights violations (Inhuman Conditions in 1382 Prisons Case, 2017).
• Delayed Social Justice: Cases related to atrocities against women, SC/ST, and minorities remain unresolved for decades.

Economic & Business Impact

• GDP Loss: Judicial delays cost 1.5% of GDP annually, hindering economic growth and contract enforcement.
• Investor Confidence: Prolonged litigation affects India’s Ease of Doing Business, deterring FDI.
• Commercial Bottlenecks: Stalled projects and contract disputes cause financial losses and job insecurity.

Political & Administrative Impact

• Election Disputes: Delayed rulings on electoral malpractice cases impact democratic integrity.
• Governance Paralysis: Pending cases against bureaucrats and politicians affect policy implementation.

Judicial & Institutional Impact

• Quality of Judgments: Heavy caseloads reduce judicial reasoning; Imtiyaz Ahmad Case (2012) highlighted the impact of workload.
• Backlog in Tribunals: Delays in tax, environment, and service tribunals lead to policy gridlocks.

Public & Individual Impact

• Erosion of Public Faith: Delays create a perception of justice for the privileged, not for all.
• Psychological & Financial Burden: Long trials drain resources and break families.

Judicial and Legislative Measures for Faster Case Disposal

Judicial Reforms

1. Case Management System: The Supreme Court mandates structured timelines for faster case disposal.
2. Financial Penalties on Frivolous Litigation: Discourages meritless cases, reducing judicial burden.
3. E-Courts & AI Integration: Video conferencing, blockchain-based judicial records, and AI-driven case tracking enhance efficiency.

Governmental & Legislative Efforts

1. National Litigation Policy (NLP): Aims to curb excessive government litigation, which constitutes 46% of pending cases.
2. Fast-Track Courts: 1,800 courts are operational, but require better funding and expansion.
3. Police Reforms: Scientific evidence collection, dedicated forensic units, and better training for investigative efficiency.

Way Forward: Reform-Perform-Transform Approach

Strengthening the Judiciary

• Fill Vacancies on Priority: Expedite judicial appointments to address the severe shortage of judges, ensuring efficient case management.
• Increase Judge-to-Population Ratio: Raise India’s judge density (currently 21 per million) to match global standards like 107 per million in the US.
• Modernise Court Infrastructure: Invest in AI-driven case tracking, ensuring faster hearings and reducing case backlog through digitisation and cloud-based solutions.

Legal Reforms

• Amend Procedural Laws: Revise Code of Civil Procedure (CPC) and Criminal Procedure Code (CrPC) to curb frequent adjournments and unnecessary appeals.
• Set Strict Timelines for Government Litigation: Mandate fixed deadlines for government departments to resolve cases, minimising state-driven delays in the judicial process.
• Promoting Alternative Dispute Resolution (ADR)
• Make ADR Mandatory: Enforce compulsory mediation and arbitration for civil and commercial disputes to reduce the pressure on courts and ensure timely resolution.
• Strengthen Mediation Centers: Establish well-resourced, skilled mediation centers across India to enhance settlement capabilities and provide trained professionals for better outcomes.

Reducing Government Litigation

• Revise National Litigation Policy (NLP): Update NLP with accountability mechanisms for departments involved in litigation, ensuring responsible and efficient use of judicial resources.
• Encourage Inter-Departmental Dispute Resolution: Promote non-judicial dispute resolution through internal governmental mediation and arbitration, reducing the burden on courts.

Leveraging Technology

• Expand Virtual Courts for Minor Cases: Implement e-courts for small claims and minor cases, allowing remote hearings and digital submissions to expedite the resolution process.
• AI-Driven Analytics: Use AI-powered systems to prioritise cases based on urgency, complexity, and public interest, ensuring more effective case management.

Establishment of All India Judicial Service (AIJS)

• Centralised Recruitment of District Judges: Create a uniform recruitment process for district-level judges under Article 312, ensuring merit-based selection and uniform standards across states.
• Uniform Pay Scales & Faster Vacancy Fulfilment: Implement uniform pay scales for judges across the country to attract talent and ensure timely vacancy fulfillment.

Judicial pendency is a collective issue requiring urgent action. As PM Narendra Modi remarked, “Justice is not just a system but a service to the people; it must be timely, transparent, and technology-driven.” A robust judicial framework integrating structural reforms, procedural efficiency, ADR mechanisms, and technology is essential for timely justice and upholding the rule of law.

Reference: The Indian Express

PMF IAS Pathfinder for Mains – Question 80

Q. Judicial delay in India remains a significant challenge to justice delivery. Analyse the underlying causes and assess the impact of recent judicial and legislative reforms in mitigating this issue. (250 Words) (15 Marks)

Approach

• Introduction: Briefly Introduce the answer by defining judicial delays in India.
• Body: Discuss the causes of judicial delay and mention the judicial and legislative reforms taken by the government. Also, assess these measures.
• Conclusion: Write a way forward and conclude by highlighting the need for a structural approach.