HOW IS THE INDIAN JUDICIARY TACKLING CASE BACKLOGS?

INTRODUCTION

As of July 2025, over 5 crore cases are pending all over in the courts of India. The data comes from the reports of NJDG (National Judicial Data Grid). NJDG frequently releases data on the pendency of cases. “At present, the judge-population ratio in the country is approximately 21 Judges per million population. The judge-population ratio for per million populations in a particular year is calculated by the Ministry of Law and Justice. It uses the criterion based on the population data as per Census 2011 (1210.19 million) and the sanctioned strength of Judges in the Supreme Court, High Court and District & Subordinate Courts in the year 2023. The population data is too old to calculate the accurate ratio. Also, even though this ratio is low and increasing pending cases raise concerns and challenges. Not only does it increase the burden on the judiciary, but it also delays justice for millions. In this blog, we will discuss the reasons for the existence of this problem, steps taken to resolve this, and what more can be done to ensure timely justice.

UNDERSTANDING THE PROBLEM

The United States have about 150 judges per million population ratio. India has one of the lowest ratios in the world compared to others. “The Supreme Court of India, in the case of Imtiyaz Ahmed vs. State of Uttar Pradesh[1], had observed that its judgment delivered on 21.03.2022 in All India Judges’ Assn.(3) vs. Union of India[2], while endorsing the views of the Law Commission’s 120th Report, directed that a Judge to Population ratio of fifty Judges per million be achieved. Similar observations were made in cases such as P. Ramachandra Rao vs. State of Karnataka[3] and Brij Mohal Lal vs. Union of India[4].” It’s been 2025 and still this ratio is unachieved. Various causes are contributing to this major problem, which we will discuss in this blog. Before understanding the causes, let us dive into the data of pending cases in the Supreme Court, High Court and various subordinate courts.

The Scale of the Backlog: If we look at the data of the Supreme Court released by NJDG, a total of 86,216 cases are pending in the apex court of India[5]. “The sanctioned strength of Supreme Court Judges has been increased from 31 in the year 2014 to 34 Judges with no vacancies according to the current data.[6]” The current pending case in High Courts amounts to a total of 63,20,209 cases[7].“As per the reports of 2023, the sanctioned strength of High Courts is 1114 Judges, 785 Judges out of them are working, and 329 posts of Judges are vacant.[8]” Similarly, the total no. of cases which are pending in the District and Subordinate courts of India amounts to 4,66,75,584.[9] “The District Judiciary’s sanctioned strength has increased from 19,518 in the year 2014 to 25,439 judges, as on 31.12.2023. Similarly, the working strength has also increased from 15,115 in the year 2014 to 20,011 as on 31.12.2023.[10]” Hence, the data reveals that over more than 50 million cases are pending all over India.

Reasons for Pendency –

Various major causes are contributing to this problem, such as:

  • Lack of funding for appointing more judicial officers.
  • Pre-trial delays.
  • Judicial vacancies.
  • Lengthy written submissions and long-running oral arguments are used by lawyers.
  • Frequent and unnecessary adjournments even for petty reasons.
  • The old system of British colonials was adopted by us.
  • Misuse of PILs and an increase in appeals.

Impact of Backlogs: The increase in the backlogs and the pendency of cases gives a major setback to all of us. It increases the burden on judicial officers, as well as strains the litigants mentally and financially. Litigants have to wait years to get justice. This, in turn, reduces their faith in the justice system. A report discloses that around 77 per cent of prisoners in India are awaiting trial.[11] The amount is huge. “Justice delayed is justice denied” is a famous saying by William E Gladstone, a former British Prime Minister. The saying turns out to be true in many Indian cases. “The country’s longest-running legal dispute is a bank liquidation case, which was settled in January 2023 after 72 years. In another such case, a 90-year-old man was given life in prison for his involvement in a 42-year-old case”.[12]

MEASURES TAKEN BY THE JUDICIARY

To curb this issue, the judiciary and government have taken various steps, which, in a way, have somewhat helped in disposing of the pending cases more swiftly. But as every coin has 2 sides, these steps have not completely reduced the pending cases to a major extent, although it has significantly helped in combating the issue.

Fast Track Courts (FTCs): Fast-track courts and special courts have been established to reduce the delays and pendency of cases. These courts deal specifically with certain types of cases, such as cases of crime against women and children. The aim was to make the process faster for delivering justice in such serious cases and also to reduce backlogs.

Evening & Mobile Courts: These are the types of courts established with the aim of reducing the pendency of cases and delivering timely justice. Evening courts are proposed to reduce the backlogs by operating after working hours, that is, 5 p.m. – 9 p.m. It would handle the minor cases and summary trials. Mobile courts, on the other hand, are established to operate in rural areas. The aim was to ensure speedy trial at the rural level and reduce the travelling cost for litigants. “As per information available, 194 Gram Nyayalayas have been notified by 10 States, including 16 Gram Nyayalayas notified by the Government of Odisha.”[13]

Supreme Court’s Intervention: The Supreme Court has adopted various strategies and laid down guidelines to deal with the pendency of cases. Strategies such as prioritisation of cases, that is, the cases of more importance, such as those involving national importance or fundamental rights or old cases, to be disposed of first. Another such step is the adoption of technology, which involves e-filing and virtual hearings. SC has also urged the government and High Courts to make the appointment of judges faster.

CHALLENGES

Despite the consistent efforts of the government and the Supreme Court to clear the backlog of cases, there have been certain challenges which again pose difficulty in disposing of the cases swiftly. One of the major challenges is the lack of adoption of guidelines. Digital systems are inaccessible in rural areas. The fast-track courts, which are established for speedy trials, may prioritise speed over justice, which again may hinder the hopes of the public.

CONCLUSION

India’s backlog of cases is a result of long-rooted causes. However, this is not an impossible thing to work on. Consistent efforts such as ADR, fast track courts, tribunals, etc., are being made by the apex court and government to curb the problem. More efforts and a systematic reform are needed, which would require the appointment of more judicial officers, better funding, and policy reforms to bring a meaningful change in the current justice system. Only then can the saying “Justice delayed is Justice denied” be transformed to “Justice delivered on time”.

Author’s Name: Harshita Parihar (Prestige Institute of Management and Research, Department of Law, Indore)

[1] Imtiyaz Ahmed vs State of Uttar Pradesh (2017) 3 SCC 658

[2] All India Judges Association and Ors vs Union Of India and Ors (2002) 4 SCC 247

[3] P Ramachandra Rao vs State of Karnataka (2002) 4 SCC 478

[4] Brij Mohal Lal vs Union of India and Ors (2002) 5 SCC 1

[5] ‘National Judicial Data Grid – Supreme Court of India’  (Supreme Court of India) <https://scdg.sci.gov.in/scnjdg/> accessed 30 October 2025

[6] UNSTARRED QUESTION NO. 723 TO BE ANSWERED ON FRIDAY, THE 07TH FEBRUARY, 2025: VACANCIES IN JUDICIARY (n 1)

[7] ‘National Judicial Data Grid – High Courts of India’ (National Judicial Data Grid)   <https://njdg.ecourts.gov.in/hcnjdg_v2/> accessed 30 October 2025

[8] ‘Strength of Judges’ (Press Information Bureau, 24 March 2023) <https://www.pib.gov.in/PressReleasePage.aspx?PRID=1910433> accessed 30 October 2025

[9] ‘National Judicial Data Grid – District Court of India’ (National Judicial Data Grid) <https://njdg.ecourts.gov.in/njdg_v3/?p=home/index&state_code=9~13&app_token=a568422befe35b41227f7d2d9273b769098891586f41c769e0a2af721acf5a65> accessed 30 October 2025

[10] UNSTARRED QUESTION NO. 723 TO BE ANSWERED ON FRIDAY, THE 07TH FEBRUARY, 2025: VACANCIES IN JUDICIARY (n 1)

[11] Sameer Yasir, ‘A Lifelong Nightmare: Seeking Justice in India’s Overwhelmed Courts’ The New York Times (13 January 2024) <https://www.nytimes.com/2024/01/13/world/asia/india-judicial-backlog.html> accessed 09 July 2025

[12] Ibid

[13] ‘Mobile Courts’ (Press Information Bureau, 10 December 2015) <https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=132956> accessed 30 October 2025

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