Pending Cases in India

The pendency of cases in Indian courts is persistent, and it has been in the court for years. The system of the Indian judiciary has a lot of issues pending in the courts of the Supreme Court, high court, or district court, which leads to a loss of increase in the awareness of the rights of the common man.

• In the supreme court, the total number of pending cases is around 60,000.
• In the high court, the total number of pending cases is around more than 42 lakh.
• And about three criminal cases are pending in the district court and the subordinate court.

What are the Reasons for Pending Cases in Indian Courts?

The reasons for pendency in the Indian court are because of the following:

There are not enough Judges

There are not enough judges in Indian courts. Many vacancies are there in high courts and district courts, and more than half the posts are vacant. There is an argument between the central and state for increasing the number of judges as the centre gives the lead to appointing judges to the state, and the state says that the centre will lead this work. This conflict between them causes the drawback in the Indian judiciary system of pending cases. Not only this, even the appointed judges, which are a few, are taking a vacation and are not present in the court to finish the case.

Not Enough Courts in India

The judiciary system in India lacks judges, courts, and resources and, importantly, increases in the awareness of the rights of the common man. The central and state are not taking responsibility for increasing the courts on the budget they are provided with. They also suffer from the poor condition of infrastructure and the working of the courts. The courts need to increase with more benches, modified structures, and new mechanisms. Still, many courts in this computerised world have not been modernised or digitally structured.

Low Budget

The allocated budget of the judiciary is between 0.8-0.9 %, and due to this low budgetary allocation, the Indian judiciary system and court face an issue of pending cases.

Litigation

The government is the biggest reason for so many pending cases in Indian courts. There is a lot of litigation from the government. In some instances, it has been seen that the government files the claim and fails to prove the point. 

Quality of Judicial View in the Lower Courts

The judges lack effective specialisation in the matter of judicial law and service. And as the quality of judges is not so good in the lower court, the appeals are filed against the decision in high courts, which causes the increased number of cases in an Indian court.

Increase in the Awareness of Rights by Common Man

People now have the confidence to go to court to get justice because of recent changes in society and the economy, which have made people more aware of their legal rights.

New Mechanisms (Eg: PIL) and New Rights (Eg: RTI)

As the government created new mechanisms “(Eg: PIL) and new rights (Eg: RTI),” people started to knock on the doors of justice more and more. Also, an active judiciary has come up with new tools like Public Interest Litigation, which has led to even more cases.

The Consequences of Pending Cases 

The pending cases will lose the increase in the awareness of the rights by the common man in the Indian judicial system. The system other than the judiciary will lose its efficiency and the working of Indian law courts. The lack of quick judgements will make foreign investors doubtful about the timely delivery of Indian justice, affecting many Indian programs.

How to tackle the issue of Pending Cases in Indian Courts?

The lack of effectiveness in Indian courts for such pending cases is not alright and needs to be fixed soon. If some of these solutions are implemented in our judiciary system, then the problem of pending cases will surely decrease.

• More vacancies for judges and recruiting more of them will be the first and foremost strategy to overcome the problem of pending cases, especially in subordinate courts.
• Law education needs to be improved so that more judges will be recruited in Indian courts and not only the large numbers of lawyers.
• Alternative Dispute Resolution means that “Arbitration, meditation, and conciliation need to be promoted and encouraged in the judicial system.
• More courts need to be established in subordinate courts, and the improvement in the courts and services of Indian courts.

Conclusion

The lack of effectiveness in Indian courts for such pending cases is not alright and needs to be fixed soon. If some of these solutions are implemented in our judiciary system, then the problem of pending cases will surely decrease.These pending cases are not only a big problem for the Indian judiciary system but also cause distress and emotional disturbance to the victims and their families. Delay in justice is the reason for losing trust in the justice system, and this is significant and urgent for our Indian courts. So, this problem needs a realistic and actual solution in the judiciary system.