Five Crore Indians Wait While Courts Take a Break
SUBJECT: Polity & Governance (GS Paper II – Judiciary | Mains Specific)
Why in News?
The functioning of the Supreme Court and High Courts during summer vacations has once again drawn attention due to India’s mounting judicial pendency of over 5.39 crore cases and concerns over delays in delivering justice.
Background
Every year, the Supreme Court and most High Courts function with reduced judicial strength during the summer vacation.
- Only Vacation Benches hear urgent matters.
- Between 1 June and 12 July, the Supreme Court functions with only 3–4 Benches per week before resuming full strength.
- While judges individually require leave, almost the entire institution reduces its functioning simultaneously.
This becomes a major concern because access to justice is a fundamental right under Article 21.
Why is this an Issue?
1. Huge Judicial Pendency
According to the National Judicial Data Grid (NJDG) (31 December 2025):
| Court | Pending Cases |
|---|---|
| District Courts | Over 4.76 crore |
| High Courts | Around 63.6 lakh |
| Supreme Court | More than 92,000 |
| Total | Over 5.39 crore |
A government study estimated that, at the present disposal rate, clearing all pending cases could take nearly three centuries.
2. Impact on Undertrial Prisoners
Nearly three-fourths of India’s prison population consists of undertrial prisoners.
Undertrial Prisoners
Persons who are accused of an offence but have not yet been convicted by a court.
Concerns
- Presumed innocent until proven guilty.
- Many remain in prison for years awaiting trial.
- Some spend more time in jail than the maximum sentence prescribed for the alleged offence.
Reduced court functioning delays:
- Bail hearings
- Trial proceedings
- Appeals
- Habeas corpus petitions
This directly affects:
- Article 21 – Right to Life and Personal Liberty
- Right to speedy justice
Why Do Courts Have Long Vacations?
Judges face an extremely heavy workload.
Vacation periods allow them to:
- Write reserved judgments
- Conduct legal research
- Prepare for upcoming cases
- Take necessary personal leave
Thus, criticism is not against judges taking leave, but against the institutional practice of almost all judges taking leave simultaneously.
Colonial Legacy
The practice of long court vacations originated during the British period.
Reason
British judges found India’s summer climate difficult and travelled back to England during long vacations.
Other long recesses, such as Christmas vacations, also emerged from colonial administrative practices.
Although the Supreme Court renamed “Summer Vacation” as “Partial Court Working Days” in 2024, the Court still sits for roughly 190 days annually, making the change largely symbolic.
Major Concerns
Reduced Judicial Capacity
When courts function with fewer benches:
- Disposal of cases slows.
- Fresh cases continue to be filed.
- Existing backlog increases.
- Justice delivery becomes slower.
Since justice delayed is often justice denied, prolonged recesses have significant implications.
Suggested Reforms
1. Staggered Judicial Vacations (Most Recommended)
Instead of shutting down most court functioning:
- Judges should take leave in rotation.
- Adequate benches should continue functioning throughout the year.
This model is similar to:
- Hospitals
- Police departments
- Essential public services
where individuals take leave without interrupting institutional functioning.
Supported by
- Parliamentary Standing Committee (2023)
- Law Commission of India
- Justice Malimath Committee
2. Fill Judicial Vacancies
A major reason for pendency is the shortage of judges.
Present Situation
- Nearly one-third of sanctioned High Court posts remain vacant.
- Vacancies arise due to delays in appointments involving the Government and the Collegium.
While vacancies require institutional coordination, reforming the court calendar lies largely within the judiciary’s own administrative control.
3. Promote Alternative Dispute Resolution (ADR)
Courts should be the last resort, not the first option, for every dispute.
ADR Mechanisms
- Lok Adalats
- Mediation
- Arbitration
- Conciliation
Performance of Lok Adalats
- Settled over 2.59 crore cases in one National Lok Adalat (December).
- Disposed of over 23.5 crore cases in the last three years.
Mediation Act, 2023
Encourages parties to resolve disputes through mediation before lengthy court proceedings.
Greater use of ADR can significantly reduce the burden on regular courts.
4. Use Retired Judges More Effectively
High Court judges retire at 62 years, while Supreme Court judges retire at 65 years.
A dedicated institutional mechanism could utilise retired judges to:
- Identify pendency hotspots
- Recommend case-management reforms
- Set disposal targets
- Monitor progress transparently
- Mentor judicial officers
Their experience can strengthen judicial administration without requiring constitutional changes.
Constitutional & Governance Dimensions
Article 21
Guarantees the Right to Life and Personal Liberty, which includes:
- Right to speedy trial
- Access to justice
Article 39A (Directive Principles)
Directs the State to ensure:
- Equal justice
- Free legal aid
- Effective access to the justice system
Way Forward
- Introduce staggered judicial vacations to maintain year-round court functioning.
- Fill judicial vacancies promptly through faster appointments.
- Expand the use of ADR mechanisms such as mediation, arbitration and Lok Adalats.
- Adopt technology-driven case management and e-Courts initiatives.
- Create a structured role for retired judges in reducing pendency and improving judicial administration.
A combination of administrative reforms, adequate judicial strength and institutional accountability is essential to reduce delays and uphold citizens’ constitutional right to timely justice.
UPSC Mains Question (15 Marks)
“Judicial pendency in India is a consequence not merely of inadequate judicial strength but also of institutional design. Discuss. Suggest reforms to ensure continuous access to justice while preserving judicial independence.”
