In a bid to reduce the overwhelming case pendency in district courts, the Law Ministry has proposed the introduction of 785 evening courts across India.
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NEW DELHI: In a strategic move to address the staggering backlog of cases plaguing India’s district judiciary, the Union Ministry of Law and Justice is set to introduce 785 evening courts across the country. These courts will function post-regular court hours, operating from 5 PM to 9 PM on working days, utilizing existing court infrastructure and resources.
According to a concept note circulated by the Ministry to state governments in March, the initiative aims to expedite the disposal of minor and summary cases that have been pending for extended periods. The evening courts will primarily deal with:
- Criminal cases punishable with up to three years of imprisonment (to be extended to six years in later phases),
- Summary trials under Section 260 of the Criminal Procedure Code, 1973, and Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2024,
- Cheque dishonour cases under the Negotiable Instruments Act,
- Matters involving public nuisance, and
- Property disputes of lesser monetary value.
By focusing on cases that do not require lengthy proceedings, the initiative seeks to relieve the burden on regular courts, allowing them to concentrate on more complex and time-consuming litigation.
Human Resource Deployment
To manage these courts, the ministry proposes
“engaging retired district judges who have retired within the last three years will be appointed on a contractual basis for a term of three years, receiving 50% of their last drawn salary, along with applicable Dearness Allowance (DA). Retired court staff may also be re-engaged on similar contractual terms“
Implementation Framework
The scheme is structured in two phases:
- Preparatory Phase (6 months): Setting up necessary administrative structures, identifying districts with high pendency, and appointing judicial officers and support staff.
- Implementation Phase (6 months): Operationalizing evening courts and initiating case hearings.
Districts where more than 15% of criminal cases have been pending for over three years will be prioritized, with at least one evening court established in each such district.
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Administrative Oversight
- Principal District and Sessions Judges will oversee case allocation, staffing, and disposal monitoring.
- High Courts will determine the specific districts and number of courts to be set up, with the flexibility to amend procedural guidelines as required.
- Quarterly review meetings between state governments and respective High Courts will assess local implementation, while the Department of Justice will conduct annual evaluations based on performance indicators and best practices.
Financial Structure
The centrally sponsored scheme is projected to cost ₹333.04 crore annually, with the Central Government bearing ₹226.97 crore. The funding structure will follow existing norms:
- 60:40 cost sharing between Centre and States,
- 90:10 ratio for North-Eastern and hilly states like Himachal Pradesh and Uttarakhand,
- 100% funding for Union Territories.
This scheme complements existing judicial reform initiatives, including the Fast Track Courts scheme and the Centrally Sponsored Scheme for Judicial Infrastructure.
Background and Rationale
India’s lower judiciary is grappling with a severe case backlog. As of February 2025, over 4.6 crore cases are pending in district courts, comprising 1.09 crore civil and 3.5 crore criminal matters. Alarmingly, 44.55% of these cases have been pending for more than three years.
The crisis is exacerbated by a 27.32% shortfall in judicial officers — with only 21,165 working judges against a sanctioned strength of 29,221 (as per Supreme Court data, 2024). This chronic shortage has severely hampered the pace of justice delivery.
While long-term reforms such as judicial appointments, infrastructure expansion, and the promotion of Alternative Dispute Resolution (ADR) mechanisms remain essential, they require considerable time and investment. In the interim, evening courts offer a pragmatic solution to increase judicial productivity by leveraging underutilized infrastructure and experienced personnel.
Precedents and Inspiration
The model draws from Gujarat’s early adoption of evening courts in 2006, which later expanded to include morning and evening family courts in 2014. The positive outcomes observed in Gujarat serve as a foundation for this national rollout.
In Odisha, for example, over 14,000 criminal cases were pending in district courts as of March 2024. Senior officials in the Odisha Law Department have welcomed the proposal, emphasizing its potential to restore public confidence in the judiciary and reduce litigants’ frustration over delays.
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