Judicial reforms in India - The Sunday Guardian Live

The Indian judiciary is often described as the guardian of the Constitution and the final protector of citizens’ rights. It has historically played a central role in shaping democracy through landmark judgments, from Kesavananda Bharati to Puttaswamy. However, in recent decades, the judiciary has faced mounting challenges of caseload pendency, judicial vacancies, infrastructure deficits, and delays in justice delivery.

The crisis is not just institutional but also constitutional and societal. Justice delayed has wide-ranging consequences: it weakens rule of law, erodes economic confidence, and violates fundamental rights, especially of vulnerable sections of society.

Current Status of Pendency

  • As of August 2025: 88,417 cases pending in the Supreme Court – the highest ever.
    • Civil cases: 69,553
    • Criminal cases: 18,864
  • Despite a full sanctioned strength of 34 judges, pendency continues to rise.
  • Filing vs Disposal (August 2025):
    • New cases filed: ~7,000
    • Disposed cases: ~5,667
    • Disposal rate: 80% (less than the inflow).

This reflects a structural imbalance – more inflow than outflow of cases, leading to cumulative backlog.

National Judicial Data Grid (NJDG): Transparency in Numbers

  • Launched under e-Courts Project Phase II.
  • Covers 18,735 district & subordinate courts + all High Courts.
  • Maintains 81 crore cases & 23.02 crore orders/judgments (as of 2025).
  • Features: Real-time case tracking, analytics dashboard, taluka-level micro-analysis.
  • Significance:
    • Brings transparency to litigants.
    • Helps policymakers identify bottlenecks.
    • Provides accountability for judges.
    • Example: NJDG revealed surge in land dispute cases due to poor digitization of land records.

Causes of Rising Pendency

1. Expanding Role of the Supreme Court

  • Originally designed as a constitutional court for interpretation of law.
  • Today functions as a court of routine appeals.
  • 40% of cases are SLPs (Special Leave Petitions).
  • Leaves little room for constitutional adjudication.

2. Shortage of Judges

  • 21 judges per million population (far below global averages).
  • Law Commission (1987): Recommended 50 judges per million.
  • Vacancies:
    • High Courts – 30–35% unfilled posts.
    • Subordinate courts – 20% vacancies.
  • Global comparison:
    • USA – 100+ judges per million.
    • Europe – 50–70 per million.

3. Procedural Inefficiencies

  • Frequent adjournments (often sought for tactical delay).
  • Outdated procedural laws (CPC/CrPC with multiple appeal layers).
  • Transfers between benches prolong disputes.

4. Weak Infrastructure

  • Many district courts lack:
    • Adequate staff.
    • Modern technology (digitization, e-courts).
    • Basic amenities for litigants and witnesses.
  • Per-judge staff ratio is very low compared to advanced jurisdictions.

 5. Underutilization of ADR (Alternative Dispute Resolution)

  • Mediation, arbitration, Lok Adalats remain underused.
  • Commercial disputes often land in courts despite being suitable for ADR.

6. Administrative & Institutional Delays

  • Delay in judicial appointments due to Collegium–Government tussles.
  • Lack of modern case management tools to prioritise older/urgent cases.

Consequences of Judicial Delays

1. Justice Denied

  • Law Commission (2009): At current pace, it may take 464 years to clear the backlog.
  • Citizens lose faith in the judiciary, leading to alternative dispute forums or vigilante justice.

2. Economic Costs

  • Tax disputes worth 4.7% of GDP locked up in courts.
  • ₹50,000 crore projects stalled due to pending disputes.
  • Investor confidence shaken due to slow contract enforcement (India ranked poorly in “Ease of Doing Business – Contract Enforcement”).

3. Social & Governance Impact

  • Weakens deterrence against crime (criminals remain free during long trials).
  • Contributes to unemployment & poverty as projects get delayed.
  • Weakens governance efficiency (e.g., infrastructure projects stalled).

4. Human Rights Issues

  • Indian prisons at 150% occupancy, majority being undertrials.
  • Prolonged detention without trial violates Article 21 (Right to Life & Liberty).
  • Example: Cases where undertrials spent longer in jail awaiting trial than the maximum punishment prescribed.

Constitutional & Judicial Responses

1. Ad-Hoc Judges (Article 224A)

  • Retired HC judges can be reappointed with Presidential approval.
  • Revived in Lok Prahari v. Union of India (2021), but used rarely.

 2. Collegium System Concerns

  • SC resolution (2023): Urged immediate filling of vacancies.
  • Observed that “SC cannot afford even one vacancy” amidst pendency.

3. Supreme Court Initiatives

  • Summer Benches (2025): 21 benches worked during “partial holidays”.
  • E-Courts: Promoting hybrid hearings, digital filing, online case status.

Reform Measures & Solutions

1. Fast-Tracking of Pending Cases

  • Old PILs (>10 years) to be disposed of in time-bound manner.
  • Prioritise constitutional cases over routine appeals.

2. Expanding Judicial Strength

  • Fill all judicial vacancies urgently.
  • Use retired judges for backlog clearance.
  • Increase judge-population ratio closer to 50 per million.

3. Alternative Dispute Resolution (ADR)

  • Make mediation mandatory in commercial disputes.
  • Strengthen Lok Adalats, Gram Nyayalayas, arbitration councils.

4. Productivity Reforms

  • Increase working days, reduce vacation periods.
  • Evaluate judges’ and staff performance through measurable indicators.

5. Technological Integration

  • AI-based predictive tools for pendency reduction.
  • Digital summons, automated scheduling.
  • Big Data analytics to track bottlenecks.

6. Legal & Administrative Reforms

  • Repeal outdated colonial-era laws.
  • Introduce Business Process Reengineering (BPR) for court efficiency.
  • Synchronise court procedures with modern needs.

Conclusion

The Indian judiciary faces a structural pendency crisis that threatens access to justice, economic efficiency, and constitutional values. While steps like NJDG, e-Courts, summer benches, and ADR mechanisms show progress, they remain insufficient.

The way forward lies in a multi-pronged approach:

  • Fill all judicial vacancies.
  • Expand judge strength and infrastructure.
  • Mainstream ADR & mediation.
  • Use technology & AI for case management.
  • Prioritise constitutional cases over routine appeals.

Without systemic reforms, India risks a judicial collapse that undermines the constitutional promise of justice – social, economic, and political (Preamble).