Justice denied due to delay
The issue of unresolved cases in Indian courts is a major challenge that has deeply impacted the justice system. The growing number of pending cases raises serious questions about the effectiveness and efficiency of the current system designed to deliver justice. Such delays have a detrimental and widespread impact on the legal framework. Lengthy legal processes can hinder access to justice, harming both individuals and businesses. As cases mount, public trust in the legal system erodes, leading to frustration and doubts about its credibility. As a result, people may turn to alternative means to resolve disputes. This pending case creates a cycle of delays, making it difficult for courts to deal with new cases, ultimately resulting in an ever-increasing number of unresolved cases.
The country’s judicial system is grappling with several critical issues, primarily because more than 5 crore cases are still pending in Indian courts. This pendency of cases not only delays justice but also erodes public confidence in the legal system. Many of these cases have been pending for more than a decade, with about 50 lakh cases initiated more than ten years ago. Niti Aayog has stressed the urgent need for reforms, warning that at the current pace of case resolution, it could take more than 300 years to resolve the pendency of cases in lower courts alone.
In India, “pendency of cases” refers to the huge number of unresolved cases within the legal framework. The situation is particularly grave at the lower judicial levels, where most cases are filed and do not get disposed of due to a lack of judges. The growing number of pending cases is a major challenge for the Indian justice delivery system. Lengthy legal processes epitomize the adage “justice delayed is justice denied,” as they erode public confidence and deprive individuals of timely justice. The protracted resolution of cases such as the Babri Masjid-Ram Janmabhoomi dispute, which took nearly 70 years, has strained social harmony.
The sheer volume of cases in courts hinders court efficiency and increases the number of pending cases, making speedy justice nearly impossible. With over 82,000 cases pending in the Supreme Court and over 62 lakh cases pending in the High Courts, major delays in judgments are common. The financial burden of litigation also impedes economic development, as it drains resources and discourages individuals and businesses from taking legal action. The estimated cost of judicial delay in India is over two million dollars. The impact of pending cases on the justice system is profound and far-reaching. Prolonged cases can erode public confidence in the legal system, leading to frustration and doubts about its effectiveness, causing some people to seek alternative dispute resolution methods. This cycle of delay further exacerbates the problem.
A significant factor contributing to judicial delays is the inadequate ratio of judges to population. In India, the legal system works at a very slow pace compared to developed countries, with only 21 judges available for every one million inhabitants. The government is the biggest litigant, responsible for nearly half of all pending cases, many of which are tied up in appeals on trivial issues. Lengthy court proceedings are further complicated by challenges such as limited courtroom space and outdated case management practices.
The Delhi High Court Mediation Centre has successfully resolved over 200,000 cases in 15 years, highlighting the effectiveness of alternative dispute resolution methods. Unfortunately, both lawyers and litigants often abuse adjournments, causing cases to linger for years or decades. Reliance on manual documentation and outdated legal procedures hinders the timely resolution of cases, creating unnecessary bureaucratic hurdles. To reduce the backlog of pending cases, it is important to ensure that proceedings are continuous.
This includes investing in court staffing and infrastructure to accommodate the growing population. Increasing the number of courts and employing adequate support staff can help speed up the process. It is also important to implement effective case management strategies to track and advance cases more quickly. Properly managed cases are more likely to reach a timely resolution. Regular review and amendment of laws to simplify the legal process is essential to reduce uncertainty and expedite legal proceedings.
To facilitate speedy resolution of commercial disputes, the Commercial Courts Act 2015 imposes strict rules on adjudication. Promoting alternative dispute resolution by mandating mediation before litigation can help reduce the burden on courts. The Mediation Act (2023) supports this by mandating mediation in commercial and civil disputes, which aims to reduce court pendency. A strong democracy depends on speedy and effective delivery of justice. To tackle judicial delays, it is necessary to enhance judicial infrastructure, fill existing vacancies, adopt AI-driven case management, and promote alternative dispute resolution.
By combining judicial accountability with a visionary policy framework, India’s justice system can become more fair, accessible, and timely. It is hoped that all stakeholders—judges, high courts, governments, and legal professionals—will play their role to strengthen the justice delivery system and uphold the rule of law. Tackling the backlog of cases in Indian courts requires a comprehensive approach that includes technological advancements as well as administrative, legal, and infrastructure improvements. Although progress has been made, sustained efforts are critical to restoring confidence in the legal system and ensuring speedy and effective resolution of disputes. The Indian judiciary can tackle the root causes and implement innovative solutions to achieve this goal.
