4.5 Crore Cases Pending in Indian Courts Amid Lack of Judges, Overcrowded Prisons

The Indian judiciary faces an increasing number of cases to be decided and a large number of vacancies across all levels, according to recent data published by PRS Legislative Research. The data was published following a recent recommendation by the Supreme Court Collegium to appoint 129 High Court judges soon after the appointment of seven judges to the Supreme Court.

According to the data, between 2010 and 2020, pendency across all courts grew by 2.8% annually. As of September 15, 2021, over 4.5 crore cases were pending across all courts in India. Of these, 87.6% of the cases were pending in subordinate courts and 12.3% in High Courts.

The note by PRS Legislative Research said, “This implies that, if no new cases were to be filed, the time taken by courts to dispose of all the pending cases at the current disposal rate would be 1.3 years for the Supreme Court and three years each for High Courts and subordinate courts.”

Between 2019 and 2020, pending cases increased by 20% in High Courts and 13% in subordinate courts. In 2020, the normal functioning of courts was restricted due to the COVID-19 pandemic. Therefore, while new cases in 2020 were much less than in preceding years, pendency increased because the disposal rate was even slower than the rate of new cases filed.

PRS pointed out that High Courts and subordinate courts that serve a larger population have a higher number of pending cases. However, the High Courts of Madras, Rajasthan, Punjab and Haryana have much higher pendency than the High Courts of Calcutta and Patna (which serve relatively larger populations).

Between 2010 and 2020, pendency decreased in only four High Courts (Allahabad, Calcutta, Odisha, and Jammu and Kashmir and Ladakh).  Among subordinate courts, between 2010 and 2020, most states (including Uttar Pradesh, Maharashtra, and Bihar) witnessed an increase in pending cases. Pending cases declined in the subordinate courts of a few states, including West Bengal and Gujarat.

In High Courts, 41% of cases have been pending for five years or longer. In subordinate courts, nearly one in every four cases has been pending for at least five years.

The data highlighted that a total of almost 45 lakh cases have been pending before subordinate courts and High Courts for over ten years. About 21% cases in High Courts and 8% in subordinate courts have been pending for more than a decade.

There is a shortage of judges to decide cases. As of September 1, 2021, the Supreme Court had one vacancy out of the sanctioned strength of 34 judges. In the High Courts, however, 42% of the total sanctioned posts for judges was vacant (465 out of 1,098). Five High Courts (Telangana, Patna, Rajasthan, Odisha, and Delhi) had more than 50% vacancies. High Courts of Meghalaya and Manipur had no vacancies.

As of February 20, 2020, in subordinate courts, 21% of posts out of the sanctioned strength of judges were vacant (5,146 out of 24,018). Amongst states having a sanctioned strength of at least 100 judges, subordinate courts in Bihar had the highest proportion of vacancies at 40% (776), followed by Haryana at 38% (297) and Jharkhand at 32% (219).

Tribunals and special courts (such as Fast Track Courts and Family Courts) set up to ensure speedy disposal of cases also witness high pendency and vacancies.  For instance, at the end of 2020, 21,259 cases were pending before the National Company Law Tribunal (NCLT).  As of April 2021, the NCLT had 39 members out of a sanctioned strength of 63.

The report said, “In the two decades since Fast Track Courts were first set up, pending cases in both subordinate courts as well as these Fast Track Courts have continued to increase.  As on May 31, 2021, over 9.2 lakh cases were pending in 956 Fast Track Courts across 24 states/UTs (the remaining do not have functional Fast Track Courts).”

Pendency of cases for long periods has resulted in a large number of undertrial prisoners in India’s prisons. As of December 31, 2019, almost 4.8 lakh prisoners were confined in Indian jails. Of these, over two-thirds were undertrials (3.3 lakh).

As many as 5,011 undertrials were confined in jails for five years or longer. Uttar Pradesh (2,142) and Maharashtra (394) accounted for over half of such undertrials.

The document was published with data from several sources, including annual reports of the Supreme Court of India, National Judicial Data Grid for High Courts and Subordinate Courts, and vacancy statements.