As the Supreme Court of India celebrates its 75th anniversary on January 28, 2025, addressing the growing case backlog calls for structural reforms beyond increasing bench strength. In 2024, Indian courts achieved a milestone by disposing of more cases than were pending, with district courts resolving over 13.4 million cases. High courts and the Supreme Court also made strides, aided by technological advancements like e-filing, virtual hearings, and ADR methods. Initiatives like the eCourts scheme have further streamlined judicial processes, fostering efficiency and accessibility in the legal system.
NEW DELHI : As the Supreme Court of India marks its 75th anniversary, Today (Jan 28) , it is crucial for the Court to recognize that addressing the growing pendency of cases requires more than just increasing bench strength. Structural reforms are necessary to create long-term solutions for reducing the backlog. In 2024, Indian courts achieved a major milestone by disposing of more cases than were pending, reflecting the judiciary’s focused efforts to tackle case pendency.
District courts resolved over 13.4 million cases, while high courts and the Supreme Court also made significant progress. Technological advancements like e-filing, virtual hearings, and alternative dispute resolution methods have played a crucial role in streamlining the judicial process. Government initiatives, such as the eCourts scheme, continue to support these efforts, ensuring a more efficient and accessible legal system.
A RATIO OF JUDGES TO THE PENDENCY OF CASES
In the 75 years since its establishment, the number of judges in the Supreme Court of India has been increased six times to reach a total of 34 judges. The original number was expanded to 11 in 1956, to 14 in 1960, to 18 in 1978, to 26 in 1986, to 31 in 2009, and finally to 34 in 2019. This increase in the number of judges has been considered necessary because more and more cases are being filed in the Supreme Court.
As of December 2024, more than 83,000 cases remain pending in the Supreme Court. This is a significant rise of nearly 14,000 cases from the end of 2020.
“At year end of 1950, the first year of the Court’s functioning, it was 690.”
Over the years, the backlog of cases in the Supreme Court has grown substantially, and this has led to discussions about increasing the number of judges in the Court. The rise in pending cases has highlighted the need for more judges to handle the increasing workload efficiently. Despite the expansion of the Court’s strength, the backlog of cases remains a major challenge.
The number of judges in the Supreme Court was first increased in 1956, when the sanctioned strength was raised to 11 judges.
Then, in 1960, it was expanded to 14 judges.
By 1978, it had reached 18 judges, and later, in 1986, it was increased to 26 judges.
In 2009, the Court’s sanctioned strength was raised to 31 judges, and the final expansion took place in 2019, taking the number of judges to 34.
The Court’s strength was increased at various points to keep up with the growing number of cases.
“The expansion has been considered necessary as more cases reach the Supreme Court.”
BACKLOG CASES ON A RISE
The backlog of cases has been steadily increasing, and it is evident that there is a continuous need to address the shortage of judges to reduce delays and speed up the process of justice.
In December 2024, the Supreme Court of India saw its pendency increase for the sixth time in the year, with a month-on-month rise in the number of pending cases. Other months that saw similar increases were March (with 428 more cases), April (507 cases), May (1,601 cases), June (the highest increase this year, with 1,972 cases), and September (213 cases).
The highest increase in pendency occurred in June, partly because the Court was on vacation for the entire month. However, this was followed by the sharpest drop in pendency in July 2024. After that, the fluctuations in pendency have been more gradual, with both increases and decreases being milder in comparison.
By February and March, the number of pending cases had fallen below the number with which the Court started the year 2024. However, after that, the pendency figure has stayed higher than the starting point of the year, showing a steady rise in cases.
The situation has worsened over the years, particularly during the Covid-19 pandemic. Between 2019 and 2022, the pendency of cases soared by around 20,000, with an average increase of about 5,000 cases each year. However, starting from 2023, which was the first full year the Court was able to function without pandemic-related disruptions, the increase in pendency continued but at a slower pace. Between 2022 and 2023, the number of pending cases grew by less than 2,000. This trend of slower growth in pendency has continued into 2024.
Lastly in November , that the drop in pendency was likely due to Chief Justice Sanjiv Khanna’s decision to only list after-notice miscellaneous matters until the end of the year, postponing regular matters until 2025.
On December 10, Chief Justice Khanna remarked in court that the pendency of miscellaneous matters had become quite high. According to data from the Supreme Court’s 2023-24 Annual Report, as of August 2024, about 72.2 percent of all pending cases were related to admission matters.
While focusing on clearing miscellaneous matters helped reduce the pendency in November, the number of pending cases once again rose by the end of December, approaching the levels seen in October.
Despite these expansions, the number of pending cases has continued to rise. The number of cases pending before the Supreme Court has grown from 690 at the end of 1950 to more than 83,000 in 2024. This highlights the immense pressure on the judicial system and the need for further reforms to streamline the process and reduce the backlog.
The growing number of cases in the Supreme Court reflects the increasing importance of the Court in resolving disputes and delivering justice in India. However, it also underscores the need for a more efficient judicial system that can keep pace with the rise in cases and ensure that justice is delivered in a timely manner.
LOW RATIO ON JUDGES
India has one of the lowest judge-to-population ratios in the world, with only 21 judges for every million people. In comparison, the United States has 150 judges per million people.
“That’s still less than half of the 50 per million recommended in a Law Commission Report published in 1987.”
This low ratio of judges is a major concern, as it suggests that India’s judicial system is under immense pressure due to the large population and the growing number of cases.
In response to this issue, last year, the outgoing Chief Justice D.Y. Chandrachud commented on the situation, saying:
“We simply need more judges, we are engaging with the government to increase the strength of the judiciary at all levels.”
His statement reflects the growing concern about the shortage of judges in India’s courts and the need for action to address this gap. The increasing workload in the courts and the mounting backlog of cases make it clear that the number of judges needs to be raised to ensure timely justice.
However, while the need for more judges is undeniable, there are experts who argue that simply increasing the number of judges may not be the ultimate solution.
LAGS IN THE JUDICIAL PROCESS
The issue of case backlogs and delays in the judicial system is not just about the number of judges. It also involves the consistency and clarity of legal rulings. When different benches of the Supreme Court pass contradictory orders, it creates confusion and delays in the legal process. Therefore, according to Bhatia, improving the consistency and coherence of judicial decisions could have a significant impact on addressing the backlog of cases.
While increasing the strength of the judiciary is important, it is equally crucial to focus on improving the judicial process itself. A more streamlined and consistent approach to handling cases, along with more judges, could help speed up the legal process and reduce the number of pending cases.
This would require a combination of factors, including better training for judges, better case management systems, and a clearer understanding of legal principles.
There is a valid argument that the increasing number of cases in the Supreme Court is linked to its “ever-expanding jurisdiction.”
One of the main areas contributing to this is the Court’s special leave petition (SLP) jurisdiction.
In 2023, the authors of Court on Trial, a data-based study, pointed out that
“Most of the cases reaching the Supreme Court are appeals against decisions made by lower courts. “
Initially, SLPs were a rare occurrence, but over time, they have become much more common.
Former judge Madan Lokur highlighted this shift last year, noting that
“SLPs were intended to be used only in exceptional circumstances and “only on the issuance of a certificate by the High Courts.”
JUSTICE IS NOT TO BE DENIED: PIL
Another reason for the increasing workload in the Supreme Court is the Court’s own moral responsibility to ensure that justice is not denied. This sense of duty has led to more cases being taken up, even when they may not strictly fall under the Court’s jurisdiction. Interestingly, it was Justice Bhagwati, known for his role in the development of Public Interest Litigations (PIL), who warned about the possible downsides of this approach back in 1986.
He said:
“Sometimes, we judges feel that when a case comes before us and we find that injustice has been done, how can we shut our eyes to it. But the answer to this anguished query is that the judges of the apex court may not shut their eyes to injustice but they must equally not keep their eyes too wide open…”
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JUDICIARY- OVERSTEPPING ITS ROLE?
Justice Bhagwati’s caution was about ensuring that the Court does not overstep its role by taking on too many cases. Despite this advice, the Supreme Court has continued to expand its PIL powers, which has led to an increase in the number of cases being filed.
The expansion of the Court’s jurisdiction and its involvement in a wider range of cases has contributed to the growing backlog.
As Justice Bhagwati warned,
“while it is crucial that the Court does not turn a blind eye to injustice, it must also be careful not to overburden itself with cases that may not require its attention at all.”
HIGH LEVEL OF GOVERNEMENT INVOLVEMENT
The growing backlog of cases in the Supreme Court is also affected by the government’s frequent involvement in litigation. In fact, the government is a party in nearly three-quarters of all cases that are admitted by the Court. This high level of government involvement means that simply increasing the number of judges might end up being seen as just creating “more courtrooms to litigate in” for the government, which is already the country’s biggest litigator. This dynamic adds to the pressure on the judicial system, without necessarily solving the problem of case delays.
A MAJOR ACHIEVEMENT: MORE DECISIONS THAN BACKLOG IN 2024
Recently, Indian courts reached an important milestone by disposing of more cases than the number of cases still pending. This achievement signals a concerted effort by the judiciary to tackle the long-standing issue of case pendency.
According to the National Judicial Data Grid (NJDG), district courts in India resolved over 13.4 million cases, leaving approximately 10.5 million cases still pending. This marked a significant improvement compared to 2023, when only 3.14 million cases were disposed of.
High courts also showed progress in 2024, clearing more than 1.2 million cases, while the Supreme Court addressed 36,969 cases. The ratio of disposed cases to pending cases improved, dropping from 2.38 in 2023 to 0.79 in 2024, highlighting the progress made in reducing the backlog.
KEY FACTORS CONTRIBUTING TO SPEEDY DISPOSAL
Key factors contributing to this improvement include the integration of technology, such as e-filing, virtual hearings, and digital case management, which have streamlined court operations and sped up case resolution.
The growing use of alternative dispute resolution methods, like arbitration, mediation, and Lok Adalats, has been instrumental in reducing the number of cases reaching courts, leading to quicker resolutions.
The Indian government has actively supported these efforts with initiatives like the eCourts project, which includes funding of Rs. 7,210 crore to digitize court records, set up digital courts, and improve infrastructure, making the judicial system more efficient and accessible for citizens.
While the Supreme Court of India has made significant strides in addressing the growing backlog and pendency of cases, ongoing efforts are essential for sustainable improvement.
The combination of technological advancements, such as virtual hearings and e-filing, along with increased use of alternative dispute resolution methods, has proven effective in streamlining the judicial process. Additionally, government initiatives like the eCourts project play a crucial role in modernizing the system and ensuring greater efficiency.
“As we celebrate this major milestone of an institution that has often delivered what it promised, we mustn’t lose sight of the fact that it has progressively been overwhelmed by a burden that is spiralling out of control.”
Conclusively , as the judiciary continues to focus on innovation and quality control, reducing pendency and enhancing access to justice for all remains a key priority for the future of India’s legal system.
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