Sumit Kumar currently in his final year at Law College Dehradun, Uttaranchal University, Read More
Introduction: The Burden of Judicial Delays in India
The judicial system in India is one of the largest global systems but is nonetheless beleaguered with a heavy burden of an overwhelming number of cases, which is beyond its capacity for timely resolution. Cases often take several years to reach a conclusion, with some lasting even more than a lifetime. This phenomenon is not confined only to trials in the subordinate judiciary but also affects High Courts and the Supreme Court of India. More often than not, this gives rise to a situation where justice which is an essential ingredient for the existence of democracy becomes a mirage for the very people for whom it is meant.
Judicial delays have a cascading impact that is very serious. Those who have suffered due to the breach of any legal rights are compelled to undergo even longer hardships, those who have been accused remain in a state of uncertainty regarding their fate and businesses are at risk of losses and looking forward to an end to the disagreements. More than that, injustice to individuals also breeds mistrust of the judiciary as an institution since it raises questions on the effectiveness of the justice system in meeting its objectives.
Nonetheless, the factors that cause these delays are numerous and include too few judges and overly complicated rules of practice, but the outcome is the same: a dysfunctional court system that fails to address the needs of a fast-changing environment. Realistically dealing with the issues of delay is not only seeking the way to clear the existing backlog of cases but strengthening the very ideals of justice in India.
The Scope of Judicial Backlogs in India
India’s efficient functioning of the judiciary is also hampered by the alarming extent of case backlog which has reached crisis levels. According to statistics available in 2024, close to 4.5 crore cases are reported to be still pending across different levels of courts in the country substantiating the hindrance of the legal system. Such backlog is at all the levels of the already overburdened judiciary structure from the subordinate courts to the High Courts and even to the Supreme Court which are all equally bedevilled by the huge delays in the hearing of cases.
Subordinate Courts
The lower courts which process the majority portion of the litigations in the country are the worst hit in this regard. The cases pending in the sizeable population of subordinate courts constitute over 85% of the total cases pending. This huge numerical backlog exists due to several factors, such as shortage of judges, poor case management and procedures that are too complicated. Many who are forced to go to the courts to seek justice, particularly the poor, do not wait for the trial courts to resolve their disputes as years, even decades, will pass by without any disposition.
High Courts
High Courts, which handle intricate disputes related to civil, criminal, and constitutional issues, are overwhelmed too. There are over 57 lakh pending cases in High Courts within India. This situation is made worse by the judicial vacancies because there are several High Courts that do not have enough judges on the bench. It is not uncommon for cases here to get mired in procedural boredom as a result of constant postponements and other appeals that take ages resulting in a slow system.
Supreme Court
However, the increased workload of the Supreme Court is also an albatross around its neck. With more than 70,000 cases pending before it, the Supreme Court is increasingly finding it problematic to control its docket. Even if the Court gives preference to cases of national interest, it ends up entertaining a large number of ordinary cases because of the many appeals filed. This leads to delays even in the most urgent constitutional and policy issues, which further elongates the Court’s ability to administer justice in a reasonable timeframe.
Regional Variations
Judicial backlogs are not consistent throughout the country and often vary region wise. Overwhelming states such as Uttar Pradesh, Maharashtra, and West Bengal are overwhelmed since they have a higher population and a lot of cases. Courts in these states are even more backlogged in the reaching of decisions and processing of cases causing a lot of anger and frustration to the parties who come to court for adjudication of their disputes.
Pendency Duration
Numerous such issues in India remain pending for ages. A large segment of cases pending has remained in the system for above five years, with some even over a period of ten years. Extreme end of such cases have been known to span across generations, with some of the litigants dying before the resolution of the matter. The excessive time taken in resolving such cases increase the pains of frictions, turning instead the law and its enforcement into a mere source of frustration, rather than into a relief.
Impact on Justice Delivery
Judicial backlogs cannot simply be considered as figures to be worked on; they indicate a crisis in the delivery of justice. Even more critical is that delays damage the public perception of the legal system, which in turn, affects the belief that the courts can resolve disputes in a reasonable time and fairly. Most importantly, the lags in judicial service leads to impairing justice both to the suspect and the victim with cases often losing relevance due to the simple lapse of time.
Key Causes of Judicial Delays
India’s legal system is grappling with a host of judicial delays which are due to a myriad of interconnected reasons. These reasons range from structural causes, such as an inadequate number of judges as well as the underfunding of the judiciary, to the existence of procedural inefficiencies that hinder the movement of cases. It is thus important to tackle these problems in order to clear the massive backlog of cases and to ensure that justice is not only achieved but also achieved in a timely fashion.
Shortage of Judges
A major factor that causes delays in the functioning of the courts is definitely the lack of adequate number of judges. In India, there is a judge population ratio of about 19 judges for every million people, which is way below the Law Commission’s suggest figure of 50 judges per million of the population. This effect contributes immensely to the entire structure of the judicial system overworking the current judges which in turn leads to undue delays in the disposal of cases. Many High Courts as well as subordinate courts function with a much lesser strength than what has been sanctioned; which leads to further delays in the administration of justice.
The mechanism for the appointment of judges is tedious and ineffective especially in the upper strata of the judiciary. In most instances, High Courts have a long history of existence with unfilled vacancies and the processes of appointment of judges into these courts is poisoned with red tapes and so many decision making procrastinations.
Underfunding of the Judiciary
The judiciary of India continues to face persistent shortages of funds which considerably limit its capacity to effectively deal with the escalated increment in the number of cases. The judiciary has also not been allocated a high percentage of the national budget in the past, that being l This further limits the scope of the courts in increasing infrastructure, recruitment of the necessary administrative staff and even the use of technological devices which are essential in a modern court in case management so as to eliminate delays.
Sadly, most courts especially the subordinate courts lack even the necessary facilities such as the courtrooms, electronic systems for tracking cases and even enough manpower to run the court attendant activities and this breeds more undue delays of procedures, full dockets and time wasting in processing of cases.
Complex Procedural Laws
The legal system established in India comprises a lot of rules and procedures that in most cases lead to costs and delays in the end. The existence of the Civil Procedure Code (CPC) and the Criminal Procedure Code (CrPC) aids in the control of the judicial proceedings although, these provisions have also permitted a number of tedious procedures that have a bearing in the process of litigation. In other cases delays caused by wasting time waiting for decisions, summoning witnesses, filing and serving papers on each other tend to make the process of litigation extend for far longer than anticipated.
Litigants are often guilty of taking advantage of the law to ask for adjournments or to delay the conclusion of the case. In criminal cases too, the picture is further blackened by the unavailability of witnesses or delaying police investigation and tampering with evidences which all lead into the piling of unsettled cases.
Litigation Culture
Presently in India, there is a high level of tendency to sue. People in India are known to be non-confrontational when there are minor disputes but the case changes with more serious conflicts and they tend to go to the law courts to resolve their issues. This ‘litigation culture’ places a further strain on the court system as many insignificant conflicts are drawn into protracted legal fighting. Furthermore a great deal of the lawsuits brought in are unnecessary, designed for the sole purpose of annoying the other side or dragging the conclusion. Such frivolous suits crowd the courts and wast the value of the courts resources on issues that are less of importance.
Delay is also encouraged by the tendency to file multiple appeals. It is the norm for litigants to appeal their case in several instances even where the possibility of success is virtually none. This translates to unnecessary prolonging of cases for them to be heard in the court when they actually should have been dispensed with by the lower courts.
Infrastructural Bottlenecks
One of the primary challenges in the fight against judicial delays is the inadequate infrastructure of the courts, especially at the lower levels. In many countries, courtrooms are congested, do not have up-to-date equipment, and lack the necessary informatic structure to process cases promptly. Most courts do not operate e-filing systems, case management systems, or virtual hearings which also contribute to the delays in fast tracking legal processes.
The use of paper files, poor filing systems, and the absence of proper equipment to enable swift movement of cases are other factors that cause delays. Such infrastructure challenges also restrict the judiciary from expeditiously and efficiently clearing the backlogs.
Frequent Adjournments
There are many reasons why courts are often said to delay justice. One of them is the number of requests for postponements made by the courts to the parties. Postponements may be called for in some instances, however, their unwarranted abundance extends the hearing of cases, especially when there is not much legal work remaining. In both civil and criminal matters, lawyers and parties often seek an adjournment in order to get more time, slow down the process, or simply to avoid the trouble of going to court.
The judiciary’s leniency in granting adjournments has often been criticized. The Supreme Court has, on several occasions, called for a strict limitation on adjournments, yet the practice remains rampant, contributing to the ever-growing backlog of cases.
Delay in Investigation and Evidence Collection
In the context of criminal investigations, police probes and evidence gathering, when they tower over the recommended time disturbing the trial process. Inquiry might be mores exceptionally tasked, with limited manpower and resources making it nearly impossible to collect evidence, prepare and serve summons to witnesses in good time, and file the witnesses in court when required. Furthermore, delays in forensic examination and poor management of physical exhibits during trials may precipitate even more delay.
Furthermore, non-appearance of witnesses tends to result in more postponements thus delaying the progress of the case, especially in cases which are sensitive or of high profile, when the witnesses happen to be threatened or are not provided the necessary protection.
Overburdened Prosecutors and Legal Aid
Crucial players in the prosecution of criminal cases are public prosecutors, but they are frequently overworked and under supported, falling back on reasonably low levels of resources. The number of cases that prosecutors handle is well known to have an adverse impact on the quality and timelines of the prosecutors’ work resulting in the late presentation of evidence and case arguments in court. Likewise, the economically challenged legal aid system is also deficient, causing, tardy and once again ineffectual representation that is a further impediment to the progress of cases.
The Impact of Judicial Delays on Society
Judicial delays in India have far-reaching consequences, affecting not only the parties directly involved in litigation but also the broader societal, economic, and institutional framework. The prolonged pendency of cases undermines the rule of law, erodes public trust in the judiciary, and has significant economic and social repercussions.
Erosion of Public Trust in the Judiciary
Among the most detrimental effects of judicial logjams is the loss of the citizens’ trust in the legal apparatus. When the court proceedings are more protracted than the span of a year, members of the public lose faith in the ability of the courts to dispense justice – quickly and effectively. This weakens the perception of the judiciary as a custodian of rights and an agency that implements the law, resulting in many people becoming angry and disappointed with the justice system.
In a scenario where justice is administered slowly, individuals may find other, especially unlawful, ways of solving issues such as engaging in vigilantism as well as other acts outside the law which again erodes the law.
Denial of Justice
The phrase ‘justice delayed is justice denied’ describes the reality that millions of individuals experience in India. Long waits for a judgment affect both victim and accused adversely. Victims of crimes or civil wrongs, usually have to wait for years before they see justice while accused persons are never convicted but remain in legal limbo, at times spending years in a jail as under trial prisoners.
Those seeking civil remedies such as property, family and business disputes have to wait for resolution; however, it often diminishes the relevance of the outcome within the incident since one’s personal or financial conditions will have shifted so substantially before the conclusion of the case.
Human Right Violation
Such delays of the trail within the criminal justice make serious violations of human rights, especially for under trial prisoners. The accused individuals spend a lot of time in prison awaiting trial, many for a time longer than their possible sentences on conviction. It not only violates the right to a speedy and fair trial, but they are also subjected to inhuman treatment and deprivation of minimum standards of rights.
Also, such victims become repeated victims of the crime itself, particularly in cases of sexual assault and domestic violence. They are re-traumatized with their cases pending, and instead, the legal process burdens them rather than offering a victim relief.
Economic Impact
Judicial delays have very nasty economic effects: they affect businesses and the entire economic growth process. Commercial disputes do not get resolved quickly enough and this contributes to increased expenditure, discouraging both foreign and domestic investments, besides leading to ineffectiveness in contract enforcement. In several sectors, including real estate and banking, such situations also hamper the operation flow and decrease national productivity.
The entire litigation process increases the financial burden on the average citizen and the average corporation because of heavier legal fees and costs of courts for such extended durations, as well as the opportunity losses incurred during the entire lengthy process. It further deteriorates the country’s business environment as investors and companies would find legal recourse fairly efficient and effectively managed in other jurisdictions.
Overcrowding of Prison
Active justice delays have a direct effect on the overcrowding of prisons since part of the majority of inmates is made up of under trial prisoners who are not convicted but await trial. Such overcrowding of the prison system deprives persons living within it of healthy living conditions, keeps them without adequate health care, and makes inmates vulnerable to increase in violence and human rights violators within the prisons. The inability of the judiciary to expeditiously hear and dispose off cases continues such a cycle in the criminal justice system.
Delayed Social Justice
Judicial delays also have very wide-ranging and serious repercussions on the society where there is public interest or social justice involved. Most often, such landmark judgments affecting issues like environmental protection, labour rights, and equality are delayed by the courts themselves, thus deferring the implementation of policies or reforms that may otherwise prove beneficial to society as a whole. The pace of judicial decisions on matters relating to social justice has been notoriously slow, thus rendering society static in developments on issues such as women’s rights, caste discrimination, and environmental conservation.
Proposed Solutions and Judicial Reforms
There exists a need to reform the entire system to address the systemic inefficiencies and structural challenges that create obstacles to providing timely justice in India. One of the major solutions is increasing judicial strength. The current situation of a judge-to-population ratio far below the recommended levels would necessitate scrub filling existing vacancies and the increase in the sanctioned strength of judges. Streamlining the appointment processes and instituting an Indian Judicial Service (IJS) will standardize recruitment criteria and ensure timely appointments. Besides that, improvement of infrastructure in the courts is essential. By modernizing courtrooms, introducing e-courts with digital case management systems, and providing secure facilities for witness, there can be much improvement in the judicial environment.
Thus, simplifying procedural laws is yet another great step forward. The limitation on adjournments and on amendment of procedural codes like the Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC) is made stricter, as it would avoid delays by procedural loopholes. Speedy courts for women and children and commercial disputes would fast-track cases in this regard. Case management systems would rifle the courts’ resources by organizing old cases first, creating space for a professional court manager, and possibly others, all within effective employment. Statutory time limits on case disposal, especially at the lowest level of the court system, would further contribute to sealing the bottle neck.
The promotion of alternatives to the court system in terms of dispute resolution like mediation, arbitration, and Lok Adalat would help decongest the courts in hearing cases that need not be handled through the formal judicial framework. One proposal is to encourage online dispute resolution (ODR) for e-commerce and financial disputes, which would quickly resolve matters effectively and with little cost. Technology has been quite transformational for judicial delays. Virtual hearings may be enhanced, artificial intelligence is complementing case allocation and legal research, and a centralized digital database for tracking cases would increase efficiency and transparency.
Perhaps it will strengthen legal assistance and public prosecution; this is also relevant. Due to improved resources and training facilities for legal aid attorneys, disadvantaged litigants will be ensured that they have adequate representation. More public prosecutors would have accelerated the resolution of criminal cases alongside thorough coordination of investigating agencies with judiciary. Addressing the plight of under trial prisoners is an issue begging an audience that needs urgent redress. Creation of special benches to hear bail applications, consideration of alternatives to imprisonment, and periodic re-examination of detention by a competent authority would decongest prisons without infringing on the right to a speedy trial.
Judicial accountability has a central role in reporting timely justice. Implementation of performance monitoring systems for judges, regular audit for judges on pending cases, and incentives for their disposal will definitely initiate an effective approach toward timely justice through the modern era of technology. The public is thus aware of the ADR mechanisms, and the implications as well of frivolous litigation can end up reducing unnecessary cases. Imprisoning frivolous actions and educating citizens on their legal options could significantly decongest the courts.
Conclusion: Paving the Way for Timely Justice in India
Judicial delays in India pose a major challenge to the rule of law and effectiveness of the legal system. Public trust erodes, justice is denied to the needy and hampered societal and economic progress. A comprehensive and collaborative approach including judicial, procedural, and technological reforms might address this problem. The present scenario gives an opportunity to sharpen the thrust on these fronts to make the system more efficient, effective, and accessible by strengthening the judiciary, modernizing court infrastructure, simplifying procedural laws, and leveraging technology. Promoting ADR mechanisms and ensuring accountability at all levels will also reduce the burden on courts while not compromising on the quality of justice.
Timely justice is not only an administrative necessity but also a pillar of democracy and a fundamental right available under the Constitution. The judiciary must take the initiative toward reforms that will emphasize speed instead of fairness, and citizens, legal professionals, and policymakers must join in the promotion of a value system dependent on efficiency and not on wasting court time. With sustained effort and commitment to reform, India would be able to transform its judiciary into one that provides justice in a timely fashion, as justice delayed is justice denied.
