Pendency in Supreme Court Reaches All-Time High

General Studies Paper-2

Context

• The number of pending cases in the Supreme Court of India has surged to an all-time high, raising serious concerns about the efficiency, accessibility, and credibility of the judicial system.

Current Caseload

• According to the National Judicial Data Grid (NJDG), the Supreme Court of India is witnessing an unprecedented rise in case pendency, with 88,492 matters currently awaiting disposal, that includes 69,605 civil cases and 18,887 criminal cases.
• It has grown by over 35% in the past five years, despite digitization efforts and structural reforms.

Causes of Pendency of Cases

• Low Disposal of Cases: In August 2025 alone, the court registered 7,080 new cases, while managing to dispose of 5,667 cases, reflecting a disposal rate of 80.04%.
  • From January to August 2025, the Supreme Court saw 52,630 cases filed, with 46,309 disposed of, marking an annual disposal rate of nearly 88%.
• Limited Working Days: With court holidays and restricted working hours, the number of sittings remains insufficient to tackle the growing docket.
• Procedural Complexity: Lengthy procedures, adjournments, and appeals slow down the pace of justice.
• Low Judge-to-Population Ratio: India has one of the lowest judge-to-population ratios globally — about 21 judges per million people, far below the recommended 50.
• Overuse of Special Leave Petitions (SLPs): Article 136 allows the Supreme Court to hear appeals in exceptional cases.
  • However, SLPs are filed indiscriminately, clogging the docket with matters that could be resolved in lower courts.
• Government Litigation Overload: The government is the largest litigant, responsible for nearly 50% of pending cases, many of which are deemed frivolous or repetitive.
• Inadequate Infrastructure and Technology Adoption: Many courts lack robust case management systems, despite digitization efforts.
  • Limited use of AI and e-courts hampers scheduling, tracking, and efficient disposal.
• Legacy Cases and Long-Term Backlog: Thousands of cases have been pending for over a decade, some even dating back 30+ years.
  • Lack of prioritization and bundling of similar cases contributes to stagnation.
• Lack of Alternative Dispute Resolution (ADR): Mediation and arbitration are underutilized, even though they could reduce the burden on courts significantly.

Implications for Justice and Governance

• Erosion of Public Trust: Citizens lose faith in the judiciary when justice is delayed, especially in cases involving human rights, corruption, and constitutional interpretation.
• Economic Impact: Commercial disputes stuck in litigation deter investment and slow economic growth.
• Social Injustice: Vulnerable groups suffer disproportionately, as delays in criminal trials and civil disputes prolong uncertainty and hardship.
• Prison Overcrowding: According to the Indian Justice Report, 2025, over half of Indian jails are overcrowded and around 76% of prison inmates are under trials.

Reform Measures

• Differentiated Case Management (DCM): It was adopted by the Supreme Court under Unclogging the Docket Initiative, focused on identifying and fast-tracking short, infructuous, and old cases—those that had become irrelevant or remained unlisted for years.
  • It resulted in a disposal rate of 104%, setting a new benchmark for judicial efficiency.
• Arrears Committees and Monitoring Mechanisms: The Supreme Court has constituted Arrears Committees to formulate strategies for reducing backlog.
  • These committees monitor compliance with guidelines from the Malimath Committee Report, which recommends stricter timelines and procedural discipline.
• Increasing Judicial Capacity and Workdays: Recommendations from the Malimath Committee and Law Commission Reports include:
  • Increasing the number of working days for the Supreme Court;
  • Reducing vacation periods by 10–21 days;
  • Filling judicial vacancies promptly to ease workload.
• Legislative and Procedural Reforms:
  • Arbitration and Conciliation Act (2015 & 2019): Introduced timelines for dispute resolution;
  • Commercial Courts Act (2018): Mandated pre-institution mediation;
  • Negotiable Instruments Act (2018): Allowed summary trials for cheque bounce cases;
• Proposal to Split the Supreme Court: The Tenth and Eleventh Law Commissions proposed dividing the Supreme Court into:
  • A Constitutional Division for fundamental rights and constitutional matters;
  • A Legal Division for routine appeals.
• E-Courts and Digital Tools: The Supreme Court has expanded e-filing, virtual hearings, and Electronic Case Management Tools (ECMTs).
  • These platforms help judges and lawyers track case status, access documents, and reduce procedural delays.
• National Judicial Data Grid (NJDG): It offers transparency and analytics but needs stronger integration with case management systems.
• Government’s Prompt Action: Recent months have seen the government approve Collegium recommendations swiftly, often within 48 hours.
• Summer Recess Turned into Working Days: Chief Justice BR Gavai converted the traditional summer vacation into ‘partial working days’.