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Delay in Adjudication - Pendency in Courts
Delay in Adjudication - Pendency in Courts
DELAY IN ADJUDICATION
Indian judicial system is well known for its issue of pendency. Right from the courts
of first instance to the Apex court, there are cases that have been pending for years
together.
The Law Commission of India in its 245th Report, Arrears and Backlog: Creating
Additional Judicial (WO) manpower, define pendency as all cases instituted but not
disposed of, regardless of when the case was instituted. It is a blanket term that
includes arrears1 and delays2 and therefore consists of the universal set of cases which
have been filed and not been disposed of.
LOWER COURTS
Table 1 - Total Number of Pending Cases Duration and Nature Wise in Lower Courts
Total
Civil Criminal
Sr. No. Duration Number of Percentage
Cases Cases
Cases
1. Less than 38,08,542 86,98,036 1,25,06,578 46.54
1 Some delayed cases might be in the system for longer than the normal time, for valid reasons. Those
cases that show unwarranted delay will be referred to as arrears.
2 A case that has been in the Court/judicial system for longer than the normal time that it should take
for a case of that type to be disposed of.
1
25th May, 2018
Prepared by Research Intern
Suma Dadke
1st Year, BA LLB (Hons.)
Symbiosis Law School Pune
Prepared for FDR
2 years
Over 2
2. 24,89,692 52,70,442 77,60,134 28.87
years
Over 5
3. 12,19,503 31,27,717 43,47,220 16.18
years
Over 10
4. 5,91,990 16,69,281 22,61,271 8.41
years
TOTAL 81,09,727 1,87,65,476 2,68,75,203 100
Table 2 - Total Number of Pending Cases Nature Wise in Lower Courts In Each State
HIGH COURTS
Table 3 - Total Number of Pending Cases Duration and Nature Wise in High Courts
Sr. No. Duration Civil Criminal Writ Cases Total Number Percentage
Cases Cases of Cases
Less than 2
1. 3,35,414 2,83,559 3,59,256 9,78,229 22.79
years
Over 2
2. 4,80,666 2,89,798 4,70,823 12,41,287 28.91
years
Over 5
3. 4,31,051 2,72,911 3,64,041 10,68,003 24.88
years
Over 10
4. 4,65,644 2,80,202 2,59,886 10,05,732 23.43
years
TOTAL 17,12,775 11,26,470 14,54,006 42,93,251 100
3
25th May, 2018
Prepared by Research Intern
Suma Dadke
1st Year, BA LLB (Hons.)
Symbiosis Law School Pune
Prepared for FDR
Table 4 - Total Number of Pending Cases Nature Wise in Each State High Court
SUPREME COURT
As on 4th May, 2018, there were 54,013 cases pending in the Apex Court.3
3 https://www.supremecourtofindia.nic.in/php/Statistics/pm04052018.pdf
4
25th May, 2018
Prepared by Research Intern
Suma Dadke
1st Year, BA LLB (Hons.)
Symbiosis Law School Pune
Prepared for FDR
Our Constitution provides for an independent and efficient justice delivery system.
Delay in disposal of cases, not only creates disillusionment amongst the litigants, but
also undermines the capability of the system to impart justice in an efficient and
effective manner. Ways and means are required to be found out urgently, to bring
them to a manageable limit, so as to sustain the faith of common man.
Some successful reforms that have contributed to reducing the burden on the judicial
courts are the establishment of Lok Adalats and Gram Nyayalayas.