Why is the number of pending cases rising in Indian courts? Details here

As Supreme Court case backlog jumps 35 per cent in five years, Law Minister Arjun Ram Meghwal cited lack of infrastructure and coordination as key reasons for the mounting delays

The number of pending cases in the Supreme Court has surged by 35 per cent over the past five years, rising from 59,859 in 2019 to 80,765 by the end of 2023, Law Minister Arjun Ram Meghwal informed the ongoing session of the Parliament. This translates to an increase of over 20,900 cases, significantly burdening the country’s highest court, even though it has been operating at full capacity.

Meanwhile, in the 23 High Courts across the nation, pending cases have grown from around 468,000 in 2019 to over 620,000 in 2023, an increase of more than 150,000 cases, or 33 per cent.

However, the most substantial backlog is in the subordinate courts, with over 40 million cases pending by the end of 2023. This is up from 32 million cases in 2019, representing a rise of over 12 million cases, or 38 per cent, according to government data.

Out of all the states, Uttar Pradesh subordinate courts have the highest number of pending cases, totalling over 11 million cases.

What factors are causing an increase in pending cases?

“There are multiple reasons for the pendency of cases in courts,” the law minister told the Parliament. These include the availability of physical infrastructure and support staff, the complexity of cases, the nature of evidence, and the cooperation of stakeholders such as the bar, investigation agencies, witnesses, and litigants. Proper application of rules and procedures also plays a role, he added.

Meghwal further pointed out that delays are often caused by the lack of a prescribed timeframe for disposing of various cases, frequent adjournments, and inadequate monitoring arrangements. 

He also acknowledged that poor coordination among agencies involved in the criminal justice system contributes to the backlog. Although the criminal justice system relies on the cooperation of various agencies like the police, prosecution, forensic labs, and medico-legal experts, the resolution of cases remains within the judiciary’s domain.

Rise in pending cases in SC during summer vacation

According to the legal news portal Supreme Court Observer, the Supreme Court’s pending cases rose from 82,308 at the beginning of June 2024 to 84,280 by the month’s end — an increase of 1,972 cases. 

This rise was expected as the court was mostly inactive during its seven-week summer vacation. Historically, the number of pending cases tends to spike around this period. For example, in June 2023, pending cases increased by approximately 1,873 from May to June, reaching 81,509.

Previously, the highest increase in pending cases this year was 1,600 at the end of May, a figure that has now been surpassed by June’s rise.