GS2 – Polity
Context
The Supreme Court’s pendency has surged to an unprecedented 88,417 cases, highlighting structural inefficiencies and an urgent need for judicial reforms.
Trends of Case Pendency
- Rising Pendency: SC backlog up 7.8% — from ~82,000 pending cases in 2024 to 88,417 in 2025.
- Case Mix: Civil matters form 78.7%; criminal cases are 21.3% of total pendency.
- Annual Disposal (2025): 52,630 cases filed vs 46,309 disposed → disposal efficiency ~88%.
Drivers of Case Backlog
- Low Judge-Population Ratio: 21 judges per million vs the Law Commission benchmark of 50/million → constrains throughput across tiers.
- Special Leave Petitions (SLPs): Broad use of Article 136 channels routine appeals to SC, shifting focus from constitutional questions to error-correction.
- Government as Dominant Litigant: ~50% of cases involve government → avoidable appeals even where liability/precedent is clear.
- Procedural Inertia: Frequent adjournments, lack of statutory timelines, paper-heavy workflows → slow resolution across all levels.
- Vacancies: 5,600+ judicial vacancies (≈ 30% in HCs) push unresolved matters upward, amplifying SC’s load.
Impacts of Case Pendency
- Delayed Justice: Prolonged trials undermine deterrence, erode trust; violates the idea that “justice delayed is justice denied.”
- Constitutional Erosion: SC’s constitutional docket has shrunk — five-judge benches now hear only 0.12% of cases (vs 15.5% in the 1950s).
- Prison Crisis: 76% of prisoners are undertrials, straining prisons and Article 21’s right to speedy trial.
- Economic Drag: Slow contract enforcement raises business uncertainty and litigation costs; dents investment climate.
- Regional Inequity: High pendency and costs deter appeals from distant states → unequal geographic access to justice.
Way Forward (Reform Toolkit)
- Cassation Benches: Implement Law Commission 229th Report → set up four Cassation Benches in metros to decentralise appeals and lighten SC’s load.
- Judge Strength: Scale to 50/million; fast-track filling of 5,600+ vacancies to unclog subordinate/Higher judiciary.
- AIJS: Launch All-India Judicial Service for transparent, merit-based, pan-India recruitment to the subordinate judiciary.
- Digital Courts: Expand e-Courts Mission Mode Project; deploy AI-assist tools like SUPACE for smarter listing, tracking, and disposal.
- Case Filters at Apex: Adopt tight gatekeeping akin to US certiorari, Canada’s leave to appeal, or South Africa’s bifurcated apex to reserve SC time for nationally significant matters.