Justice Ahsanuddin Amanullah said rising case backlog cannot be blamed solely on judges, highlighting advocates’ role in delays. He noted judges handle hundreds of daily cases, stressing pendency often stems from systemic and procedural issues beyond judicial working hours.
Justice Ahsanuddin Amanullah of the Supreme Court said India’s growing backlog of cases should not be blamed solely on judges, noting that delays in the justice system are frequently shaped by how advocates present and conduct matters.
He said judges already have large numbers of cases listed before them every day. Recalling that at the trial court level, no judge has fewer than 400–500 cases scheduled daily, he added that the situation is even higher at the High Court.
He said,
“A lot of things are said, pendency, judges are under pressure. I’ll give you examples on how judges (have) absolutely nothing to do with pendency or the piling up of cases. A judge has to sit for certain hours. Is it a complaint that a judge doesn’t sit? Rarely,”
Explaining that judges are bound to hear the arguments brought before them, even if they seem repetitive or extend for long periods, he observed that the responsibility for such delays may lie elsewhere.
He said,
“As a judge, can I stop a lawyer from arguing? Yes, what I do, I do stop. I tell him, ‘you cannot repeat, you are wasting time.’ But do I tell that ‘you don’t have the intellect, you are arguing absurd?’ I don’t know, he may say something which would be very relevant. I have to give him that space, that in his own way he addresses the court. Is the judge responsible? Probably the answer would be no,”
He further noted that there is little direct connection between judges and the pace of case disposal, emphasising that the length of proceedings is often influenced by lawyers.
He stressed that the legal profession must introspect, particularly about practices that contribute to delays, including unnecessarily prolonged arguments and adjournments.
He said,
“So in any view of the matter, it’s basically how much you expect a human being to deliver in the five hours where the courts are working. There’s absolutely no connection (between) a judge and the disposal rate. It depends on the Bar, how long they want to (argue) … You have to do some hard soul searching. Don’t just blame the judges,”
Justice Amanullah made the remarks at the 5th edition of the ICA International Conference on “Arbitration in the Era of Globalization: Legal Technology, Economic Development and Cross-Border Disputes.” He also chaired a session titled “ADR Mechanisms: A Catalyst for Global Economic Growth & Investor Confidence.”
During the discussion, he cautioned against expecting judges to be intellectually dominant figures, saying that a judge’s role is to remain neutral and ensure both sides are heard.
He pointed out,
“Never, never want or even desire a judge to be brilliant and the master in his field, because then he will not give you a hearing. He should be neutral, he should be open. So, brilliance is not a requirement for a judge. Being fully well-versed, he (would leave) nothing to argument,”
The session was moderated by Senior Advocate Ratan K Singh. The featured speakers included Jimmy Yim SC, James P Duffy IV , Shweta Bharti, and Ila Kapoor.
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