N Kotiswar Singh of the Supreme Court of India said India’s nearly 5 crore pending cases reflect the country’s “legal health” and highlight deep systemic challenges in the justice system. Speaking at a conference, he stressed the need to analyse the causes of pendency and push reforms, while also highlighting the growing role of arbitration in dispute resolution.
Justice N Kotiswar Singh of the Supreme Court of India recently highlighted the growing number of pending cases in Indian courts and described it as a reflection of the country’s overall “legal health.” According to him, the huge backlog of cases is not merely a statistical issue but a sign of the systemic challenges that the justice delivery system is currently facing.
Justice Singh made these observations while speaking at a national conference titled
“Evolution of Arbitration in India: Today’s Scenario, Emerging Challenges & Proactive Reforms”,
organised by Dharmashastra National Law University in Jabalpur. The conference brought together judges, arbitration experts, lawyers, and legal scholars to discuss the development of arbitration law in India and the challenges that still remain.
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Referring to data available on the National Judicial Data Grid, Justice Singh pointed out that the number of pending cases across courts in India currently stands at an alarming level. He explained that the data should not just be seen as numbers but as an indicator of the condition of the justice system and the legal framework of the country.
According to the figures he cited, there are around 1.1 crore civil cases and nearly 3.9 crore criminal cases pending in courts across India. When writ petitions and other matters are included, the total pendency approaches nearly five crore cases. This enormous backlog, he said, reflects deeper structural issues that must be addressed through systematic reforms.
Explaining the importance of such data, Justice Singh said,
“This data is such valuable information. It is valuable because it represents the status and the health of our nation, the legal health of the nation. Legal health means it shows how many ‘diseases’ and ‘ailments’ we have; some may be serious, others not, but we are suffering from so many ‘ailments’.”
He further stressed that merely identifying the numbers is not enough. According to him, meaningful reform requires analysing the reasons behind the backlog and working towards practical solutions to reduce delays in the justice delivery system.
Speaking about the need for reform, he said,
“We analyse why these are. Try to give ‘prescriptions’. Therefore why it is important for the nation, for the judges, how to deal with this pendency.”
During the conference, Justice Singh also spoke about the growing importance of arbitration as an effective method of dispute resolution, especially in commercial matters. He noted that arbitration has become increasingly significant in both domestic and international legal systems.
Highlighting its advantages, he said arbitration provides parties with greater autonomy and flexibility in resolving disputes compared to traditional courtroom litigation.
Speaking about its role in modern dispute resolution, he observed,
“Arbitration is emerging as a very key component of the dispute resolution mechanism. It not merely an alternative to courtroom, in fact it has become a cornerstone of international commercial dispute resolution.”
Justice Singh also addressed law students during the event and emphasised the importance of constitutional values in shaping the legal profession. He reminded students that the ideals enshrined in the Preamble of the Indian Constitution form the core foundation of the country’s legal system.
Explaining the significance of the Preamble, he said,
“Why I say so because this (preamble) is the mool mantra (root chant) of our Indian judiciary. It is the foundational basis of our own existence in this country. Therefore all our activities as lawyers, as judges, as law students, must be inspired by these virtues, principles embedded in the Preamble.”
Encouraging students to deeply internalise these constitutional values, Justice Singh urged them to memorise the Preamble and reflect on it regularly as part of their professional and personal development.
Addressing the students directly, he said,
“Please learn the Preamble by heart. When you start your day (with the Preamble) – just like many of you I know many are very religious they would start with mantra – as you will be graduating as lawyers then as judges and perhaps lawmakers, therefore you must keep these ideals in mind.”
He further emphasised the same message by reiterating,
“Please learn the Preamble by heart.”
Justice Singh also spoke about the increasing use of artificial intelligence (AI) in the legal and academic fields. While acknowledging that AI tools can significantly improve efficiency and productivity, he warned students against using such technologies for plagiarism or unethical academic practices.
He cautioned that modern AI tools and detection software are capable of identifying copied content and tracing original sources.
Highlighting this concern, he said,
“In the age of AI, you cannot resort to plagiarism so easily because software is available. AI will find out what is the original source and whether it is drawn from the internet.”
At the same time, Justice Singh clarified that technology should be used responsibly and should support human creativity rather than replace it.
Speaking about the proper use of AI, he said,
“AI is to enhance our efficiency, but not by copying. The efficiency to move your creative.”
He also encouraged students to prepare themselves for the rapidly evolving legal profession and to play an active role in shaping India’s future. Using a motivational approach, he urged young lawyers to strengthen their knowledge, adapt to change, and contribute to national development.
Concluding his speech with a forward-looking message, he said,
“Forge ahead to make this nation towards a Viksit Bharat of 2047.”
The conference also featured discussions by several other prominent members of the legal fraternity. Among those who spoke were Justice Vivek Rusia, Justice Vinay Saraf, Justice Tejas Karia and Supreme Court advocate Siddharth R Gupta.
During his address, Justice Tejas Karia spoke about how arbitration practice in India has evolved significantly in recent years. According to him, arbitration is now becoming a mainstream method of resolving disputes rather than an occasional alternative to court proceedings.
Describing this shift in practice, he said,
“Now, gone are the days where arbitration used to be in the weekend or on holiday, now the arbitration happens during the day time so that you can utilize your time instead of having one matter and having to wait in the court.”
Justice Karia also clarified that arbitration cannot function independently from the larger legal framework. Instead, it works alongside the court system and forms part of the broader dispute resolution ecosystem.
Explaining this relationship, he stated,
“Arbitration doesn’t work in abstract, it has to work with the entire system of law. It is not an alternative to litigation, it is parallel to the litigation process.”
Justice Vinay Saraf also raised concerns about certain challenges that arbitration currently faces in India. He pointed out that in many cases arbitration proceedings are becoming similar to court litigation in terms of delays and procedural complexity.
Highlighting this issue, he observed,
“Arbitration proceedings have begun to mirror the very delay and complexities of the court system they were meant to avoid.”
He further noted that one of the biggest challenges in arbitration today is the gap between the theoretical promise of quick dispute resolution and the actual experience of parties involved in arbitration proceedings.
Addressing this concern, he said,
“One of most significant challenges confronting arbitration in India today is the persistent gap between the theoretical promise of arbitration and the practical experience of arbitration proceedings.”
Justice Saraf also emphasised that frequent court intervention in arbitration matters contributes significantly to delays. According to him, parties often approach courts at multiple stages of arbitration, which undermines the efficiency of the process.
Explaining this issue in detail, he said,
“Still we are not able to stop the parties to the arbitration agreement to approach the courts frequently. This is the biggest challenge. The parties to the arbitration agreement often approach courts before arbitration, during arbitration, and after arbitration. Because of that the arbitration proceedings are delayed, because of that the finality of the award delays, because of that the execution of the award delays.”
The conference concluded with discussions on strengthening arbitration mechanisms, reducing judicial delays, and improving dispute resolution systems in India to support the country’s legal and economic growth.
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