Context

• India’s judiciary faces a pendency crisis with over 5 crore cases across Supreme Court, High Courts, and District Courts.
• The President Of India has termed this as Black Court Syndrome.

Present Pendency of Cases and other Facets

• 4.6 crore in District Courts, 63.3 lakh in High Courts, 86,700 in Supreme Court.
• India operates with just 15 judges per 10 lakh population vs. Law Commission’s 50.
• Only 38.7% civil cases are disposed within a year in district courts vs. 70.6% for criminal cases.
• 5,665 judge positions vacant across courts; only 79% of sanctioned strength filled.

Reasons behind Pendency of Cases

• Insufficient Judges: India has one of the lowest judge-to-population ratios globally.
• Judiciary operates at 79% capacity. 5,665 posts vacant out of 26,927 sanctioned
• Increased Litigation: The growing number of litigants and cases, coupled with the increasing population and socio-economic complexities, contributes to the rise in the number of cases.
• Delays in the Justice System: There are delays due to procedural inefficiencies, adjournments, and delays in filing of evidence, which further prolong case resolutions.
• Lack of Infrastructure: Many courts, especially in rural areas, are under-equipped and under-staffed, making it difficult to handle the growing number of cases efficiently.
• Bureaucratic and Administrative Challenges: The judicial process can sometimes be slowed down by inefficiencies in the system, including paperwork, administrative delays, and a lack of modernization in court processes.
• Only 38.7% of civil cases in district courts resolved within a year.
• 20% stretch beyond 5 years, mainly in property, family, or contract disputes.

Impact of the issue

• Delay in Justice: The backlog results in long delays in cases, and justice is often delayed for years.
• Increased No. of Undertrials: The number of undertrials (accused awaiting trial) in prisons has increased, prisons are running at an over-capacity of 114%. 
• Increased Costs: The delay in cases causes financial strain on the litigants and the government. It can also result in the erosion of public confidence in the judicial system.
• Overburdened Judges: Judges are often overburdened with cases, leading to burnout and further delays.

Efforts to Address the issue

• Judicial Reforms: It includes increasing the number of judges, modernizing court infrastructure, and implementing e-courts and technology to speed up hearings.
• Alternate Dispute Resolution (ADR): ADR mechanisms like arbitration, mediation, and conciliation are being promoted to resolve disputes outside of the traditional court system.
• E-Courts and Technology: The E-Courts Project has been an important initiative to digitize court proceedings and allow online hearings. This helps in streamlining case management and reducing physical backlogs.
• Fast Track Courts: Special courts or fast-track courts have been set up to handle specific types of cases like corruption, crimes against women, and long-pending cases to expedite the process.

Efforts that can be taken

• Increase the number of judges: One way to reduce the backlog of cases is to increase the number of judges in the Indian judiciary. This will allow more cases to be heard and decided more quickly.
• The Law Commission of India (1987) recommended increasing the number of judges to 50 per million people. This was reiterated by the Supreme Court (2001) and the Standing Committee on Home Affairs (2002).
• Expand alternative dispute resolution methods: Alternative dispute resolution methods, such as mediation and arbitration, can resolve disputes more quickly and efficiently than traditional court proceedings.
• Streamline the legal process: Efforts can be made to streamline the legal process, such as by using technology to manage cases and eliminate unnecessary steps. Example: e-courts projects.
• Strengthen the enforcement of court orders: Ensuring that court orders are enforced can help to reduce the backlog of cases, as individuals and institutions will be more likely to comply with court orders if they know that they will be held accountable for failing to do so.