Pendency of Cases in India

 

 

Why in news?

Recently, the special court of Mainpuri, Uttar Pradesh, sentenced three convicts of theΒ  Dehuli massacre case to death.

  • The judgement was given forty-four years after the Dehuli massacre incident where 24 Dalits, including women and children, were brutally killed.

 

 

Relevance:
GS-02 (Polity)

 

 

Mains Question:

Indian Judiciary experiences a very high pendency of cases. Comment. (250 words)

 

 

Dimensions of the Article:

  • Key highlights about pendency of cases in India
  • Reasons for the pendency
  • Impact of the pendency
  • Way forward

 

 

Key highlights about pendency of cases in India:

  • As of January 2024 there were over 4.5 crore pending cases across various courts in India.
  • Supreme Court has more than 80,000 cases pending.
  • High courts have more than 42 lakh cases pending.
  • District and Subordinate Courts have around 2.7 crore cases pending.

 

 

Reasons for the pendency:

  • Insufficient resources: Due to the shortage of courts, judges and staff,Β  the backlog of cases increases.
  • Complexity of cases: Owing to the complexity of some cases, it demands more time to get it resolved. Moreover, it is highly difficult to pass a final verdict in a case without proper investigation.
  • Procedural delays: Instances like delays in fetching evidence for a case and the tedious legal process involved often take time to find a resolution.
  • Lack of Awareness and Accessibility: Many people are unaware of their rights or find the court system too complex and inaccessible.

 

 

Impact of the pendency:

  • Delayed Justice: There is a saying, “Justice delayed is justice denied,” which explains how delay in delivering justice affects the rule of law.
  • Loss of faith in the judicial system: It takes away public trust in the judicial system.
  • Economic Impact: Pending cases can lead to stalled business deals, delayed investments, and other economic disruptions.
  • Burden on litigants: The litigants have to bear the expenses of the prolonged court proceedings.

 

 

Way forward:

  • Fill the vacancies: More judges and staffs should be appointed to handle the workload.
  • Increase the number of courts: Set up more number of courts to speed up the resolution process.
  • Alternative Dispute Resolution (ADR): Encouraging ADR mechanisms like Lok Adalats, Gram Nyayalayas, Online Dispute Resolution, etc., to ensure timely justice can also help reduce the burden on the courts.
  • Fast track courts: Establish more number of fast track special courts (FTSC) to reduce the pendency of cases.
    • As of February 2025, 747 FTSCs, including 406 e-POCSO courts, are functional in 30 States/UTs.

 

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