Over 50 Million Cases Pending in Indian Courts

32% of High Court Judge Positions Remain Unfilled

Newsreel Asia Insight #294
July 27, 2024

Only 757 out of a sanctioned strength of 1,114 judges are in place across various High Courts, which is just about 68%, according to the Union Ministry of Law and Justice, which also disclosed that over 50 million cases are pending across various courts in India and the Supreme Court has 50 pending Constitution Bench matters, including a longstanding case from 1994.

The ministry shared these statistics about the state of India’s judiciary in response to a query in the Rajya Sabha, as reported by LiveLaw.

The numbers show that 357 judicial seats are vacant, or 32% of the total required, a slight increase from last December's 324 vacancies.

The Allahabad High Court has the highest number of unfilled positions, with 76 out of 160 seats vacant. Across the country, 219 judge appointments are pending, awaiting processing.

The shortage of judges leads to several practical problems that impact anyone seeking justice. With fewer judges available, cases accumulate, resulting in prolonged delays before disputes are resolved. This reality means individuals might wait years for legal resolutions affecting their families, businesses, or personal rights.

The judges who are in place face an overwhelming workload, which can lead to burnout and potentially compromise the quality and thoroughness of their decisions—essentially, justice hurried is justice buried.

As the backlog grows, public access to justice is significantly diminished, affecting everything from criminal proceedings to civil disputes. The system’s congestion can force rushed decisions or cause indefinite postponements. 

Further, the 50 pending Constitution Bench matters before the Supreme Court, including the 1994 case regarding state authority to collect sales tax based on annual turnover, create uncertainty, influencing economic decisions and policy-making.

Since its inception, the Supreme Court has resolved 2,192 Constitution Bench matters, but the current slow pace indicates a critical need for more resources to manage these issues. Ensuring that benches are adequately staffed and supported is essential for justice to be delivered efficiently.

The government also disclosed that over 50 million cases are currently unresolved across various courts in India, The Economic Times reported.

According to Law Minister Arjun Ram Meghwal, the largest backlog is in Uttar Pradesh’s subordinate courts, where more than 11.8 million cases are pending. And the Supreme Court has 84,045 outstanding cases, while the high courts across the country have a combined total of over 6 million pending cases.

The backlog and vacancies in our judicial system reflect a deepening crisis.

Addressing these significant vacancies and backlogs involves cooperation among various branches of government and the judiciary. The appointment process, which includes the High Court Collegiums, the Supreme Court Collegium, the Ministry of Law and Justice and the President of India, often experiences delays due to extended vetting and negotiations.

The executive branch may also be slow in processing judiciary recommendations or may have reservations about certain nominees, further delaying the appointment process.

Moreover, there is often a lack of legislative focus on judicial infrastructure and resource allocation. Parliament can enact reforms to increase the number of judges and improve judicial infrastructure, helping to manage the increased caseload more effectively.