Over 4.36 Crore Cases Pending before Courts in India: Govt
Moneylife Digital Team 02 December 2021
There are more than 4.36 crore cased pending before the courts across India, the Union government told the Rajya Sabha. At the same time, there are 5,598 vacancies in the judiciary, including the Supreme Court, high courts and district and subordinate courts.
In a written reply, Kiren Rijiju, minister of law and justice, says, Supreme Court has 70,038 cases pending as of 8 November 2021, while the high courts and district and subordinate courts have 56.43 lakh and 3.79 crore cases, respectively, pending as of 29 November 2021.
Disposal of pending cases in courts is within the domain of the judiciary, the minister says, adding "No time frame has been prescribed for disposal of various kinds of cases by the respective courts. Government has no role in disposal of cases in courts."
Derek O’Brien, a member of Parliament (MP) from Trinamool Congress, had asked about the number of cases pending, and data on vacancies at the judiciary at each level. He also asked about steps taken by the Union government to resolve the issue of pendency of cases.
In his reply, Mr Rijiju, the minister, says, "Timely disposal of cases in courts depends on several factors which, interalia, include availability of adequate number of judges and judicial officers, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. There are several other factors which may lead to delay in disposal of cases. These, interalia, include vacancies of judges, frequent adjournments and lack of adequate arrangement to monitor, track and bunch cases for hearing. The Union government is fully committed to speedy disposal of cases in accordance with Article 21 of the Constitution and reducing pendency." 
The government has taken several initiatives to provide an ecosystem for faster disposal of cases by the judiciary, the minister says. 
Responding to another question on the number of judges appointed in the Supreme Court and various high courts in 2021, Mr Rijiju informed the Rajya Sabha that during 2021, nine judges have been appointed in the Supreme Court and 118 judges have been appointed in various high courts up to 29 November 2021.
John Brittas, an MP from the Communist Party of India (Marxist) has asked about appointment of judges and number of proposals sent by the collegium and accepted or rejected by the Union government. 
The law minister says, "Government appoints only those persons as judges of high courts who are recommended by the Supreme Court Collegium. The total number of high court collegium proposals which are at various stages of consideration between the Government and the Supreme Court collegium as of 29 November 2021, is 164. The number of proposals which have been remitted or returned by the government to the high courts on the advice of the Supreme Court Collegium is 55 during the current year."
"While every effort is made to fill up the existing vacancies expeditiously, vacancies of judges in high courts do keep on arising on account of retirement, resignation or elevation of judges and also due to increase in the strength of judges," Mr Rijiju says.
2 months ago
The judiciary is not only the most failed organ under our constitution but also an absolutely failed one. Incompetence, waywardness, arbitrariness and arrogance are some of the terms that come to mind when one thinks about our courts. Delay is the deadliest form of denial is a truism and in the case of our courts, it is justice delayed is justice denied. And except in the case of Chidambaram's bail applications I cannot recollect any case disposed of in time by our courts. I am even aware of a case in a high court where the final arguments were completed and the judge got elevated to the apex court after 4 years and left without delivering the verdict leaving the aggrieved party in the lurch. I won't blame the party if he has been showering the choicest curses on that judge.

It is time we thought of compensating the judges based on the judgements delivered by them, on a per judgement basis and also after considering the satisfaction level of the parties involved.
2 months ago
only my department(PATENT OFFICE,INDIA) finished all pendacy....this formula should use in all other court.....
2 months ago
Legal System in India is a mess. They simply shout on half baked facts and pay each other and make some decision,use delaying tactics to amass a large amount of wealth from the subscribers. When I was working in USA for 10+ yrs and earning close to USD 100k/year, invested in a property in USA for USD 350k and stayed in that property for 4+ yrs, some overjealous Indian made me come to India for a week vacation in 2007,then extended the trip for 2+ yrs, stole my passport with US visa, stole my property in USA and made me stay back in India since 2008. At the same time, my income came down from USD 100k to not even USD 20k and some times no income in a year. My daughter, wife kidnapped in India in 2018 April by some advocates from India and demanded ransom of INR 30-40 laks and then attacked my wife, daughter who have become untraceable. However, Indian Judicial System is unable to register a complaint or follow through because the kidnappers are advocates. These folks must be put in the interpol list, shackled and brought to USA and justice served there. They should also be made to pay for my lost property in USA, lost income, as well as injuries as well as missing daughter, wife.Then I can say the Indian Judicial System working. Some one like me should become judge, then things will improve
Replied to gdvforce comment 2 months ago
Thanks for sharing your personal experience. There are many who are suffering like you in India because of the total failure of our justice delivery system presided over by the judiciary.
2 months ago
Title needs correction 4.36 crore cases pending
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