UPSC Daily Current Affairs/ 29 July 2025/Pending cases in Judiciary/Reform/alternative dispute resolution (ADR)

Why in News:  The article highlights the alarming backlog in India’s judiciary, with over 5 crore cases pending across various court levels. It discusses structural and systemic challenges affecting timely justice delivery and proposes alternative dispute resolution (ADR) as a promising solution.

Key Points of the Article:

Justice Delayed is Justice Denied:

• The maxim “justice delayed is justice denied” reflects the significance of timely justice in maintaining public trust.
• President Droupadi Murmu described public hesitation to approach courts as the “black coat syndrome,” symbolising fear and distrust in the legal system.

Magnitude of Case Pendency:

• Supreme Court: Over 86,700 pending cases
• High Courts: 63.3 lakh pending cases
• District/Subordinate Courts: 4.6 crore pending cases
• Total Pending Cases: Exceeding 5 crore across all levels

Reasons Behind Delays:

• Structural bottlenecks and procedural delays
• Inadequate infrastructure and insufficient court staff
• Complexity of case facts and poor stakeholder coordination
• Frequent adjournments and absence of fixed timelines
• Weak case management and scheduling systems

Disparity in Case Disposal Timelines:

• Criminal cases are disposed of faster than civil cases:

• • High Courts: 85.3% criminal cases resolved within a year
  • Supreme Court: 79.5%
  • District Courts: 70.6%

• Civil cases at district level show concerning delay:

• • Only 38.7% resolved within a year
  • Around 20% stretch beyond five years

• District courts, despite handling the bulk of litigation, are least efficient in ensuring timely justice.

Judicial Vacancies and Capacity Issues:

• Total Sanctioned Judges: 26,927
• Vacant Positions: 5,665 (21% shortfall)
• District/Subordinate Courts: Only 25,771 judges for over 1.4 billion population
• Judge-to-Population Ratio:

• Current: 15 judges per 10 lakh people
• At Full Sanctioned Strength: 19 per 10 lakh
• Law Commission Recommendation (1987): 50 judges per 10 lakh

Alternative Dispute Resolution (ADR) as a Solution:

• ADR Mechanisms: Mediation, Arbitration, Lok Adalats
• Benefits: Faster, affordable, accessible, and citizen-friendly
• National Lok Adalats:

• Organised at taluk, district, and High Court levels
• Resolved over 27.5 crore cases from 2021 to March 2025

• • • 22.21 crore pre-litigation cases
    • 5.34 crore pending cases

Way Forward to Reduce Judicial Delays:

Filling Vacancies in Judiciary:

• Expedite appointments, particularly in lower courts
• Develop a time-bound recruitment calendar with High Courts and state governments

Increasing Judge-to-Population Ratio:

• Aim to meet the recommended benchmark of 50 judges per 10 lakh population
• Expand the number of sanctioned posts across all court levels

Judicial Infrastructure Development:

• Invest in digital tools, video conferencing, e-filing, and record digitisation
• Establish more courtrooms in rural and underrepresented areas

Strict Case Management and Timelines:

• Set fixed schedules for pleadings, summons, witness examination, and judgment
• Implement a Judicial Case Management System (JCMS) to monitor progress

Curtailing Adjournments:

• Limit adjournments and strictly enforce Order XVII of the Civil Procedure Code
• Impose penalties for non-compliance and delay tactics

Promotion of ADR Mechanisms:

• Strengthen existing mediation, arbitration, and Lok Adalat platforms
• Make pre-litigation mediation mandatory for selected civil disputes

Special Fast Track and Evening Courts:

• Expand Fast Track Courts for offences like rape, corruption, and cheque bounce
• Pilot evening/weekend courts to increase judicial productivity

Strengthening Judicial Data and Analytics:

• Leverage AI and analytics to track pendency, prioritise critical cases, and identify systemic bottlenecks in real time

Steps already taken by Government and Judiciary:

e-Courts Mission Mode Project:

• Phase II implemented with facilities for e-filing, virtual hearings, NJDG data access, and online case tracking

National Judicial Infrastructure Authority (NJIA) – Proposed:

• A proposed authority to standardise and enhance judicial infrastructure across the country

Faster Appointment of Judges:

• Collaboration between the SC Collegium and Centre to speed up judicial appointments and transfers
• Digitised and transparent tracking of vacancies

National Lok Adalats:

• Held regularly across all court levels
• Resolved 27.5 crore cases (2021 to March 2025)

Gram Nyayalayas Act, 2008:

• Establishment of mobile village courts for swift, grassroots-level justice

Fast Track Special Courts (FTSCs) Scheme:

• Special courts set up for speedy trials of rape and POCSO cases
• Over 1,000 FTSCs sanctioned, many operational

All India Judicial Services (AIJS) – Under Consideration:

• Proposal to introduce a centralised recruitment system for lower judiciary to ensure uniformity and merit-based selection

Conclusion:

Judicial delays threaten the core of democratic governance by weakening access to justice. India must adopt a comprehensive strategy that includes filling vacancies, enhancing infrastructure, enforcing timelines, leveraging technology, and expanding ADR mechanisms. With collaborative effort between the government, judiciary, and civil society, timely and accessible justice can move from aspiration to reality.