Rising Judicial Pendency in India | 16 Sep 2025

Source: TH

Why in News?

Despite functioning at its full strength of 34 judges, the Supreme Court’s (SC) case pendency reached a record high of 88,417 in August 2025, with a disposal rate of 80.04%.

  • About 63.3 lakh cases are pending in the High Courts (HCs), and nearly 4.6 crore in district and subordinate courts, bringing India’s total case pendency to over 5 crore.

What are the Key Reasons of High Case Pendency in Indian Courts?

Mnemonic - LACK 

  • L- Low Judge-to-Population Ratio: India has just 15 judges per million people, far below the 1987 Law Commission’s recommendation of 50. 
    • In comparison, the US has 150 judges per million, while Europe averaged 220 per million in 2022.
  • A- Absence of Effective ADR: Alternative Dispute Resolution (ADR) mechanisms such as mediation, arbitration, and conciliation remain largely untapped, despite their potential to ease judicial backlog
  • C- Court Vacancies & Infrastructural Laps: The India Justice Report 2025 notes that the judiciary has over 5,600 vacancies across all levels, with High Courts recording a 33% vacancy rate in 2025.
    • Limited courtrooms, shortage of staff, weak ICT systems, absence of proper case management hinder timely justice.
  • K- Keen Government Litigation: Nearly 50% of pending cases involve government departments. 
    • In 2018, the SC criticised the Centre for filing frivolous and repetitive appeals.

What Measures are Needed to Reduce Judicial Pendency in India?

Mnemonic - JUSTICE

  • J - Judge strength & Appointments: As per the 120th Law Commission Report (1987), raise judge-to-population ratio to 50/million, fast-track appointments in High and District Courts, and establish All India Judicial Service (AIJS) for full-capacity courts.
  • U - Upgrade Infrastructure & Technology: Expand e-Courts Mission Mode Project with AI-based case management.
  • S - Simplify Procedures & Laws: Limit adjournments, adopt summary trials, pre-trial conferences, fast-track procedures, and simplify laws as per Second ARC recommendations for quicker justice.
  • T - Training & Tech Tools: Implement AI-based case management Tools like FASTER and provide staff Training.
  • I - Institutional Reforms: Set up National Judicial Infrastructure Authority (NJIA) to standardize court infrastructure.
  • C - Channel cases to ADR: Channel suitable cases away from courts by promoting Conciliation, mediation, and arbitration.
  • E - Expand Access & Outreach: Strengthen Tele-Law, mobile clinics, and NALSA outreach for wider access to justice.

Conclusion

Judicial pendency in India undermines justice, economic growth, and public trust; comprehensive reforms in capacity, technology, procedures, and ADR are essential for timely, efficient, and accessible justice.

Drishti Mains Question:

Q. Discuss the key reasons behind the rising judicial pendency in India and its socio-economic implications

UPSC Civil Services Examination Previous Year Question (PYQ)

Prelims

Q. With reference to the Indian judiciary, consider the following statements:

1.Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India. 

2. A High Court in India has the power to review its own judgement as the Supreme Court does. 

Which of the statements given above is/are correct? (2021)  

(a) 1 only   

(b) 2 only  

(c) Both 1 and 2   

(d) Neither I nor 2  

Ans: (c)

Mains

Q. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (2021)

Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)