Justice on Hold: India’s Courts are Clogged

Context

India’s judiciary is facing a severe pendency crisis, with over 5 crore cases pending across all levels of courts. This reflects structural inefficiencies, judge shortages, and poor case management, demanding urgent institutional reforms and the promotion of Alternative Dispute Resolution (ADR).

Data Source: National Judicial Data Grid; Lok Sabha; India Justice Report

Scale of the Crisis

Pending Cases:
- Supreme Court: 86,700+
- High Courts: 63.3 lakh+
- District/Subordinate Courts: 4.6 crore+
Public Trust Issue: President Murmu described the fear of judicial delays as “black coat syndrome”, reflecting people’s hesitation in seeking justice.

Systemic Constraints in Judicial Process

Inadequate infrastructure & staff
Frequent adjournments and absence of strict timelines
Poor case management & lack of digital tracking
Complex facts and poor coordination among stakeholders

Resolution Timelines – A Stark Disparity

Criminal Case Disposal (within a year):
- High Courts: 85.3%
- Supreme Court: 79.5%
- District Courts: 70.6%
Civil Cases (District Courts):
- Only 38.7% resolved within a year.
- 20% drag beyond 5 years.

Judicial Vacancies – A Core Problem

Judiciary functions at 79% capacity.
5,665 vacancies out of 26,927 sanctioned judges.
Judge-Population Ratio:
- District courts: 18 judges per 10 lakh population (recommended: 50 by Law Commission, 1987).
- Even at full strength, India reaches only 19 judges per 10 lakh.

Alternative Dispute Resolution (ADR) – A Way Forward

What is ADR?
- A non-adversarial mechanism for dispute resolution through collaboration and mutually acceptable solutions.
- Reduces pendency burden and provides faster, cost-effective justice.
Impact:
- National Lok Adalats: Resolved 27.5 crore cases (2021–March 2025), including 22.21 crore pre-litigation matters.
Types of ADR:
- Arbitration: Binding decision by arbitral tribunal; minimal judicial intervention.
- Conciliation: Non-binding; conciliator assists parties to reach settlement.
- Mediation: Mediator facilitates communication for a mutual settlement; Supreme Court stipulates 40-hour training for mediators.
- Negotiation: Direct party-to-party settlement without third-party involvement.

Conclusion

India’s judicial backlog threatens access to timely justice, eroding public faith in the system. Increasing judge strength, investing in infrastructure, digitization, and scaling up ADR mechanisms like Lok Adalats and mediation can transform the justice delivery system. A human-centric, time-bound, and tech-driven approach is essential to ensure that “justice delayed does not become justice denied.”