<p>The increase in the sanctioned strength of judges in the Supreme Court of India from 34 to 38 – effected through an ordinance last week – is welcome, given the Court’s staggering backlog of more than 92,000 cases. In 2019, the number of judges was raised from 31 to 34. Notably, the backlog has increased by 50% since then. This is evidence that the shortage of judges is only a part of the problem. The larger crisis of pendency can be effectively addressed only by making systemic corrections in the Court’s practices. Currently, the average time for case disposal by the apex court is 1-3 years, but many cases have also dragged on for more than 13 years.</p>.<p>In practice, the Supreme Court does not always function with its full sanctioned strength of judges. This could be traced to multiple reasons, including the government’s dilly-dallying on the appointment of judges due to the differences with the collegium. There is a view that the Court should be more selective about the cases it decides to hear; many cases have been seen as undeserving of the top court’s attention. It can also deploy technology for better results – for instance, greater use of digital e-filing systems can save time. Restricting the hearings and arguments and minimising the adjournments can be integral to the shift. Furthermore, the government can contribute to easing the case burden by not taking frivolous disputes to the Court. The government is the biggest litigant in the country, and many of the cases it pursues do not merit the Court’s intervention.</p>.<p>The delay in justice delivery is much more real in India’s lower courts. The pendency in the Supreme Court is only about 0.14% of all the cases pending disposal in the country. More than 5.6 million cases are pending in high courts, and over 43 million are pending in district and other subordinate courts. Many of these may not be settled in the lifetime of the people involved in the cases. It is estimated that at the present pace of disposal, it will take more than 300 years to clear this backlog. Cases in the lower courts impact the common people the most; they should be cleared with greater urgency. India’s prisons house lakhs of undertrials who don’t have the means or access to bail. Increasing the number of judges in the lower courts should be part of the corrective efforts. Reform cannot wait when the system fails to deliver the fundamental principle of speedy justice to the maximum number of people.</p>
<p>The increase in the sanctioned strength of judges in the Supreme Court of India from 34 to 38 – effected through an ordinance last week – is welcome, given the Court’s staggering backlog of more than 92,000 cases. In 2019, the number of judges was raised from 31 to 34. Notably, the backlog has increased by 50% since then. This is evidence that the shortage of judges is only a part of the problem. The larger crisis of pendency can be effectively addressed only by making systemic corrections in the Court’s practices. Currently, the average time for case disposal by the apex court is 1-3 years, but many cases have also dragged on for more than 13 years.</p>.<p>In practice, the Supreme Court does not always function with its full sanctioned strength of judges. This could be traced to multiple reasons, including the government’s dilly-dallying on the appointment of judges due to the differences with the collegium. There is a view that the Court should be more selective about the cases it decides to hear; many cases have been seen as undeserving of the top court’s attention. It can also deploy technology for better results – for instance, greater use of digital e-filing systems can save time. Restricting the hearings and arguments and minimising the adjournments can be integral to the shift. Furthermore, the government can contribute to easing the case burden by not taking frivolous disputes to the Court. The government is the biggest litigant in the country, and many of the cases it pursues do not merit the Court’s intervention.</p>.<p>The delay in justice delivery is much more real in India’s lower courts. The pendency in the Supreme Court is only about 0.14% of all the cases pending disposal in the country. More than 5.6 million cases are pending in high courts, and over 43 million are pending in district and other subordinate courts. Many of these may not be settled in the lifetime of the people involved in the cases. It is estimated that at the present pace of disposal, it will take more than 300 years to clear this backlog. Cases in the lower courts impact the common people the most; they should be cleared with greater urgency. India’s prisons house lakhs of undertrials who don’t have the means or access to bail. Increasing the number of judges in the lower courts should be part of the corrective efforts. Reform cannot wait when the system fails to deliver the fundamental principle of speedy justice to the maximum number of people.</p>
