Why in NEWS

The Indian judiciary is grappling with a backlog of over 5 crore cases across the Supreme Court, High Courts, and District Courts, severely affecting justice delivery, governance, and citizen trust.

Key Terms / Concepts

Term	Explanation
Judicial Pendency	Accumulation of unresolved cases in courts over time.
Judge-to-Population Ratio	Number of judges per 10 lakh people, currently 15 in India against the Law Commission’s recommended 50.
ADR (Alternative Dispute Resolution)	Mechanisms like mediation, arbitration, and conciliation for out-of-court settlement.
e-Courts Project	Initiative to digitize court processes and enable paperless filing and virtual hearings.
NJIA (National Judicial Infrastructure Authority)	Proposed body to develop and maintain judicial infrastructure uniformly across India.
FASTER	Fast and Secure Transmission of Electronic Records system for swift delivery of court orders.

Key Points

Aspect	Details
Magnitude of Pendency	Over 5 crore pending cases: 4.6 crore+ in district courts, 63.3 lakh+ in High Courts, 86,700+ in the Supreme Court.
Criminal vs Civil Disposal	High Courts dispose of 85.3% of criminal cases within a year, but only 38.7% of civil cases in district courts are resolved within a year; 20% of civil cases pending over 5 years.
Key Factors	Low judge-population ratio, frequent adjournments, underutilized ADR, rise in litigation (50% government cases), inadequate infrastructure, procedural delays, shortage of staff.
CJI’s Concern	District courts’ ‘fear psychosis’ in granting bail contributing to backlog.
Infrastructure Gaps	Shortage of courtrooms, outdated ICT systems, lack of case management tools.
ADR Utilization	Lok Adalats settled 27.5 crore cases (2021–2025), but mediation/arbitration remains underused due to lack of centralized performance data.

India’s Judicial Reform Initiatives

Initiative	Objective
National Mission for Justice Delivery and Legal Reforms (2011)	Improve access, efficiency, and accountability in justice delivery.
e-Courts Project	Digitize court processes and enable virtual hearings.
National Judicial Infrastructure Authority (Proposed)	Standardize and modernize judicial infrastructure.
Fast Track Special Courts	Speedy trial and disposal of select case types.
ADR Mechanisms	Promote mediation, arbitration, conciliation to reduce backlog.
Tele-Law	Provide remote legal advice to marginalized people.
Nyaya Bandhu	Volunteer lawyers offering free legal aid.
Judicial Appointments	Increase judge strength in Supreme Court, High Courts, and district courts.

Measures to Strengthen the Judiciary

Area	Recommended Actions
Capacity & Appointments	Raise judge-population ratio to 50 per million; fast-track appointments; increase retirement age; create specialized courts.
Infrastructure & Technology	Establish NJIA; expand e-Courts; implement FASTER; train staff in IT tools.
Procedural Reforms	Limit adjournments; encourage summary trials; set time-bound hearings; integrate AI for case tracking and clustering.
ADR Promotion	Enforce Mediation Act, 2023; scale up Lok Adalats; expand mediation/arbitration services.
Access to Justice	Strengthen legal aid via Tele-Law, mobile clinics, and NALSA outreach.

In a nutshell

Mnemonic: J-U-S-T-I-C-E
J – Judges per population ratio to be raised
U – Upgrade infrastructure and ICT
S – Speedy appointments and specialized courts
T – Time-bound hearings and reduced adjournments
I – Integrate AI and e-Courts for efficiency
C – Centralized ADR performance tracking
E – Expand legal aid and access initiatives

Prelims Practice Questions

1. Which body is proposed to standardize and develop judicial infrastructure in India?
   a) NJIA
   b) NJPC
   c) NJC
   d) NALSA
2. Consider the following statements regarding judicial pendency in India:
   1. Over 90% of pending cases are in district courts.
   2. Civil cases in district courts are disposed of faster than criminal cases.
   3. Nearly half of pending cases involve government departments.
      Which of the above statements is/are correct?
      a) 1 and 2 only
      b) 1 and 3 only
      c) 2 and 3 only
      d) 1, 2 and 3
3. Which of the following is NOT an Alternative Dispute Resolution mechanism?
   a) Mediation
   b) Arbitration
   c) Conciliation
   d) Judicial Review

Mains Practice Questions

1. Examine the structural, procedural, and institutional factors contributing to judicial pendency in India. Suggest reforms to ensure timely justice. 15 Marks (GS2 – Polity & Governance)
2. Discuss the role of ADR mechanisms in reducing judicial pendency and strengthening access to justice. 10 Marks

Answers for Prelims Questions

Q.No	Answer	Explanation
1	a	National Judicial Infrastructure Authority (NJIA) is proposed for standardizing and developing court infrastructure.
2	b	Statement 2 is incorrect because criminal cases are disposed of faster than civil cases in district courts.
3	d	Judicial Review is a constitutional function of courts, not an ADR mechanism.