Justice delayed: India needs comprehensive justice system reforms

Raising the Supreme Court's strength is a welcome step, but filling vacancies and reforming lower courts remain key to tackling India's mounting judicial backlog

The Lok Sabha this week passed the Supreme Court (Number of Judges) Amendment Bill, 2026, which raises the sanctioned strength of Supreme Court judges from 33 to 37, excluding the Chief Justice of India. The Bill could have aimed to increase the strength further. Notably, the Centre has informed Parliament that over 10,000 cases at the Supreme Court remain pending for more than a decade. The situation in high courts is even worse — over 80,000 cases have been unresolved for over 30 years. This is despite spending over ₹9,800 crore since 2011 on judicial infrastructure and digitisation. Yet, pending cases continue to rise. 

The numbers show that the Supreme Court is only a small part of the overall problem, and  it accounts for only a minuscule proportion of the country’s pending cases. Nearly all the burden lies with high courts and subordinate courts, where more than 50 million cases remain unresolved. High courts continue to face around 340 judicial vacancies out of the 1,122 sanctioned posts, while district courts have more than 7,300 vacant posts among the 30,868 sanctioned posts. Delays in appointments, shortage of court staff, inadequate infrastructure, frequent adjournments, weak case management systems, and limited use of technology have collectively slowed the pace of justice. Government departments also remain the country’s largest litigants, accounting for a substantial share of pending cases through routine appeals and prolonged disputes. Unless this litigation culture changes and systemic bottlenecks are addressed, pendency will continue to accumulate. The government’s recent proposal to establish fast-track courts for paper-leak cases indicates a broader shift towards specialised courts to address offences that demand speedy adjudication. However, experience shows that creating courts alone cannot ensure timely justice. As of April 30, 2026, 775 fast-track special courts (FTSCs), including 398 exclusive Protection of Children from Sexual Offences (POCSO) and e-POCSO courts, were functional in 29 states/Union Territories, yet pending cases increased from 204,000 in 2024 to 246,000 in 2025, as annual disposals declined. This suggests that creating specialised courts without addressing systemic constraints merely shifts the backlog. 

Judicial reforms, therefore, need immediate policy attention. Filling vacancies through a predictable, time-bound appointment process must become the highest priority. It is critical to strengthen the subordinate judiciary, where citizens experience the justice system to the highest degree. Investment in trained court managers, stenographers, digital record management and modern courtroom infrastructure can significantly improve productivity. Better case-flow management, strict limits on unnecessary adjournments, and wider adoption of technology under the e-Courts Phase III programme can reduce procedural delays. Digital filing, virtual hearings, and transparent case listing can make courts more efficient without compromising due process. Also, there is a need for stronger mechanisms to filter cases before they enter the formal court system. Pre-litigation mediation for suitable civil disputes with clear mandates and effective administrative grievance-redress mechanisms can reduce pressure on regular courts while ensuring quicker dispute resolution. A well-functioning justice system will not only improve the ease of living, but also provide a big boost to the ease of doing business by ensuring the smooth enforcement of contracts.