Article The lower judiciary — litigation, pendency, stagnation

Published: The Hindu 18 Nov, 2025

Very Important Topic for UPSC/PCS  Mains : GS 2

Subordinate Judiciary and Court Pendency in India

Why in News ?

• The Supreme Court’s Constitution Bench, headed by the Chief Justice of India, highlighted the sense of stagnation in the subordinate judiciary due to prolonged litigation and massive pendency of cases.
• As per the National Judicial Data Grid, there are 4.69 crore cases pending in district courts.
• Concerns about lack of basic knowledge among judges have been raised, leading to calls for mandatory training.

Challenges:

1. Clerical Burden on Judges:
   • Subordinate judges spend 2–3 hours daily on ministerial work like issuing summons, receiving vakalathnamas, and calling cases, leaving little time for disposal on merits.
2. Lack of Training and Experience:
   • Judges are increasingly appointed without adequate legal experience, affecting efficiency and quality of judgments.
3. Archaic Procedural Laws:
   • Certain provisions of CPC, Order XXI, Commercial Courts Act, Marriage Laws, and Rent Act are misused or create procedural delays.
   • Examples include mandatory pre-suit mediation, six-month cooling-off period in divorce, multiple decrees in partition actions, and overly technical execution rules.
4. Legislative Anomalies:
   • New statutes intended to expedite justice sometimes increase pendency due to practical challenges or misaligned procedures.
5. High Volume of Cases:
   • Continuous inflow of cases without fast-track disposal mechanisms leads to accumulation in both district and higher courts.

Steps Taken / Initiatives:

1. Training Initiatives:
   • Judges are advised to undergo training in High Courts, observing hearings, judgments, and courtroom management.
2. Administrative Reforms:
   • Proposal to appoint judicial officers to handle ministerial work (summons, pleadings, ex-parte evidence) to free judges’ time.
   • Cases could be listed online daily for structured hearings.
3. Procedural Reforms (Proposed):
   • Simplification of execution proceedings and reduction of redundant technicalities in CPC.
   • Fast-track procedures for certain claims, especially money claims and arbitration awards.

Way Forward / Recommendations:

1. Human Resource Reforms:
   • Recruit experienced lawyers for district judiciary.
   • Ensure all subordinate judges undergo practical exposure and training.
2. Technological Solutions:
   • Implement digital listing, case management, and e-filing for transparency and efficiency.
3. Legislative Reforms:
   • Simplify procedural laws to avoid unnecessary delays (e.g., reduce multiple decrees, unnecessary mediation, rigid timelines).
4. Administrative Reforms:
   • Delegate clerical tasks to dedicated judicial officers.
   • Streamline case management to prioritize disposal on merit.
5. Coordination with Higher Judiciary:
   • Higher courts to actively review pendency and supervise timely disposal.

Legal Case / Commission Recommendations:

• Patil Automation vs Rakheja Engineers (2022): Supreme Court emphasized mandatory pre-suit mediation in commercial cases.
• Need for Commissions/Committees to review CPC provisions and suggest procedural simplification for subordinate courts.

Conclusion:

• The pendency crisis in India’s subordinate judiciary results from procedural delays, insufficient training, and overburdened judges.
• A combination of administrative reforms, technological integration, legislative simplification, and enhanced training is essential to improve efficiency and quality of justice delivery.
• Without systemic reforms, merely increasing judicial appointments will not reduce pendency or enhance public trust in the judicial system.

Article Based Mains Questions : UPSC/PCS/250/200 words

Qn.1 Examine the issue of pendency and stagnation in India’s subordinate judiciary. Discuss the causes, challenges, recent reforms, and suggest measures to improve judicial efficiency and expedite case disposal.