PRS Legislative Report on Pendency of cases in India

According to a study conducted by PRS Legislative Research, there is huge pendency of cases in Indian courts. It doesn’t augur well for the aim of ensuring social, political and economic justice, as enshrined in the constitution.

Key Findings

• Total Pendency: As of September 15, 2021, over 4.5 crore cases were pending across all courts in India. Of these, 87.6% cases were pending in subordinate courts and 12.3% in High Courts.
• According to study, more than 40% of cases are decided after three years, as compared to the developed countries where than 1% of cases are decided after three years.
• Extent of Pendency: In High Courts, 41% cases have been pending for five years or more. In subordinate courts, nearly 25% of the cases have been pending for at least five years.
• 21% cases in High Courts and 8% cases in subordinate courts have been pending for over ten years.
• Effect of COVID Lockdown: Between 2019 and 2020, pending cases increased by 20% in High Courts and 13% in subordinate courts, exacerbated by the COVID 19 pandemic and related lockdown.
• Pendency in Tribunals: Tribunals and special courts (such as Fast Track Courts and Family Courts) which were set up to ensure speedy disposal of cases also witness high pendency and vacancies. For instance, at the end of 2020, 21,259 cases were pending before the National Company Law Tribunal.

Consequences

• Pendency for long periods has resulted in a large number of undertrials. As on December 31, 2019, almost 4.8 lakh prisoners were confined in prisons, of which over 3.3 lakh were undertrials.