In 2023, 86,700 cases are pending in the Supreme Court (SC).
Over 65.3 lakh cases in High Courts (HCs), and 4.4 crore cases in district and subordinate courts (D&SCs) were pending.
Last year, President Droupadi Murmu has criticised the 'dilatory litigation' that hampers justice delivery.
Droupadi Murmu, in her address at the National Conference of District Judiciary, has coined the phrase ‘black coat syndrome’ to draw attention to the perennial problem of pendency in courts.
She compared it to the ‘white coat syndrome’ patients feel in hospitals.
The number of pending cases in India amounts to 5.1 crore cases.
The Supreme Court has only 1,300 pending civil cases compared to the 20,400 criminal cases.
Meanwhile, High Courts are facing an even greater disparity, with 68.3 per cent of their pending cases being civil cases.
Similarly, the District and Subordinate Courts are facing an overwhelming 70 per cent of their pending cases as civil cases.
This disparity underscores a systemic issue where civil cases, which often involve complex property, family or commercial disputes, exist at every level.
HCs led by disposing of 85.3% criminal cases, followed by 80.9% by the SC, and 79.5% by district courts.
However, when it comes to the civil litigation at the district courts, only 18.8% of pending cases were disposed of in 2023, where only 20% of new cases are added annually, and nearly 20% stretch beyond five years.
Civil cases in district courts face the longest delays.
It is exposing a stark mismatch between caseload and capacity.
India's judicial functions are at 18,297, or 66.86%, of the 27,363 sanctioned posts.
9,065 posts are vacant, resulting in a 33% shortage.
Vacant District and Subordinate Court posts, including those for civil litigation, have a sanctioned strength of 25,771 judges.
It is averaging 18 judges per 10 lakh population.
This is lower than China's 145 judges per 10 lakh population.
To meet the judicial shortage, India needs to fill 9,065 vacant posts, which will help reduce the backlog.
The Law Commission's recommendation of 50 judges per 10 lakh population has been largely ignored.
But India operates with just 15 judges per 10 lakh population.
The Lok Adalats, procedural reforms, alternative dispute resolution (ADR), and digitisation are effective ways forward to ease the burden on the judiciary.
Lok Adalats provide quicker, more affordable, and accessible justice.
Other alternatives, such as the mediation, arbitration, and conciliation, are more suitable for resolving disputes outside the traditional courtroom.
The success of National Lok Adalats (NLAs) is demonstrated in all levels with 13.2 crore cases having been resolved till March 2024, compared to the pending 5.1 crore cases.
The NLAs have resolved 3.34 crore civil cases and 1.96 crore criminal pre-litigation and 3.34 crore pending court cases.