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Sunday, September 14, 2025

Q. The pendency of cases in the Supreme Court has reached an all-time high despite full judicial strength. Discuss the reasons for this rising backlog and suggest reforms to ensure timely justice.

 

Q. The pendency of cases in the Supreme Court has reached an all-time high despite full judicial strength. Discuss the reasons for this rising backlog and suggest reforms to ensure timely justice.

Answer (≈250 words):

The Supreme Court currently faces an unprecedented pendency of 88,417 cases (Sept 2025), including 69,553 civil and 18,864 criminal matters, despite operating with its full sanctioned strength of 34 judges. In August 2025 alone, 7,080 new cases were filed, while only 5,667 were disposed, reflecting a rising backlog.

Reasons for rising pendency:

  • High inflow of cases: Widespread filing of Special Leave Petitions (SLPs) and PILs makes the Indian Supreme Court unique compared to other apex courts.

  • Structural inadequacy: Current judge strength is inadequate to match litigation volume.

  • Legacy backlog: The pandemic years aggravated pendency, which has not been reversed.

  • Complexity of cases: Lengthy constitutional and commercial disputes slow disposal.

  • Limited systemic reforms: Despite quick appointments and working benches during summer recess, structural issues persist.

Impacts: Rising pendency delays justice, undermines faith in the judiciary, burdens citizens and businesses, and erodes the principle of “justice delayed is justice denied” under Article 21.

Reforms needed:

  • Short-term: Stricter admission of SLPs, subject-specific benches, fast-tracking minor cases, technology-enabled case management.

  • Medium-term: Increasing sanctioned judge strength, strengthening High Courts and tribunals, and promoting Alternative Dispute Resolution (ADR).

  • Long-term: Establishing a National Court of Appeals and separating the Supreme Court into a Constitutional Court and Court of Appeals, as recommended by law commissions.

Conclusion: Mere full strength of judges cannot resolve pendency unless structural, procedural, and technological reforms are implemented. A holistic approach is essential to uphold citizens’ right to speedy justice and maintain trust in the judiciary.

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