Lok Sabha Question No. 1757 (UNSTARRED), answered on 2022-02-11
Subject: Pending Cases in Supreme Court and High Court
Ministry: LAW AND JUSTICE
Asked by: Gowdar Mallikarjunappa Siddeshwara

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1757 TO BE ANSWERED ON FRIDAY, THE 11 th  FEBRUARY, 2022

## PENDING CASES IN SUPREME COURT AND HIGH COURT

## 1757. SHRI G.M. SIDDESHWAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  the  total  number  of  pending  cases  of  civil  and  criminal  nature  in  the Supreme Court and various High Courts in the country;
- (b) the number of cases lying pending in each of these above courts, for less than five years, between five to ten years, and more than ten years; and
- (c) whether any measures have been taken by the Government to expedite the process of disposal of these cases?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a): As per  the  information  provided  by  the  Supreme  Court  of  India,  the  total number of pending cases in Supreme Court of India are 70,101 out of which 55,856 are civil matters and 14,245 are criminal matters. As per information available on National Judicial Data Grid (NJDG), the total number of pending cases of civil and criminal in various of High Courts is at Annexure I.
- (b): The number of  cases  lying pending in Supreme Court of India for less than five years, between five to ten years and more than ten years are as under:-

| Pendency Criteria   |   No. of Pending Cases |
|---------------------|------------------------|
| Less than 5 years   |                  42819 |
| 5 to 10 years       |                  17571 |
| More than 10 years  |                   9711 |

The number of cases lying pending in High Courts, for less than five years, between five to ten years and more than ten years is at Annexure II.

(c): Disposal of pending cases in courts is within the domain of the judiciary. 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.  Timely disposal  of  cases  in  courts  depends  on  several  factors  which,  inter-alia,  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 factors which may lead to delay in disposal of cases.  These, inter-alia, include vacancies of judges, frequent  adjournments  and  lack  of  adequate  arrangement  to  monitor,  track  and bunch  cases  for  hearing.  The  Central  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.

National  Mission  for  Justice  Delivery  and  Legal  Reforms  was  set  up  in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities.  The Mission has been pursuing a co-ordinated  approach  for  phased  liquidation  of  arrears  and  pendency  in  judicial administration, which, inter-alia, involves better infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures  in  the  areas  prone  to excessive  litigation,  re-engineering  of court procedure for quick disposal of cases and emphasis on human resource development.

The major steps taken during the last six years under various initiatives are as follows:

(i) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 8,758.71 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure  Facilities  for  Judiciary  in  1993-94.  The  number  of  court  halls  has increased from 15,818 as on 30.06.2014 to 21,376 as on 31.01.2022 and number of residential  units  has  increased  from  10,211  as  on  30.06.2014  to  18,276  as  on 31.01.2022 under this scheme. In addition, 2,832 court halls and 1,693 residential units are under construction. The Centrally Sponsored Scheme for the Development of  Infrastructure  Facilities  for  Judiciary  has  been  extended  till  2025-26  at  a  total cost of Rs. 9000 crores, out of which Central share will be Rs. 5307 crores. Besides, construction of Court Halls and Residential Units, it would also cover construction of Lawyer's Halls, Toilet Complexes and Digital Computer Rooms.

(ii) Leveraging  Information  and  Communication  Technology  (ICT)  for improved  justice  delivery: Government  has  been  implementing  the  e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased to 18,735 so far. WAN connectivity has been provided to 98.8% of court complexes. New and user-friendly version of Case Information  Software  has  been  developed  and  deployed  at  all  the  computerized District  and  Subordinate  Courts.   All stakeholders including Judicial Officers can access  information  relating  to  judicial  proceedings/decisions  of  computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG).  As  on  21.01.2022,  litigants  can  access  case  status  of  over  19.75  crore cases and 16.50 crore order/judgments pertaining to these courts. eCourts services such  as  details  of  case  registration,  cause  list,  case  status,  daily  orders  &  final judgments  are  available  to  litigants  and  advocates  through  eCourts  web  portal, Judicial  Service  Centres  (JSC)  in  all  computerized  courts,  eCourts  Mobile  App, email  service,  SMS  push  &  pull  services.  Video  Conferencing  facility  has  been enabled between 3240 court complexes and 1272 corresponding jails. With a view to  handle  the  COVID-  19  challenges  better  and  to  make  the  transition  to  virtual hearings  smoother,  451  eSewa  Kendras  have  been  set  up  at  court  complexes  to facilitate lawyers and litigants needing assistance ranging from case status, getting judgments/orders,    court/case  related  information  and  efiling  facilities.  Rs.  5.01 crores has been allocated for providing equipment in Video Conferencing cabins in various  court  complexes  to  facilitate  virtual  hearings.  Rs.  12.12  crores  has  been allocated for 1732 Help desk counters for efiling in various court complexes.

Seventeen Virtual Courts have been set up in 13 States/UTs viz. Delhi (2), Haryana, Tamil Nadu, Karnataka, Kerala (2), Maharashtra (2), Assam, Chhattisgarh,  Jammu  &  Kashmir  (2),  Uttar  Pradesh,  Odisha,  Meghalaya  and Himachal  Pradesh  to  try  traffic  offences.  As  on  15.01.2022,  these  courts  have handled more than 1.2 crore cases and realized more than Rs.212.01 crore in fines.

Video conferencing emerged as the mainstay of the Courts during the Covid lockdown  period  as  physical  hearings  and  normal  court  proceedings  in  the congregational mode were not possible. Since Covid lockdown started, the District courts  heard  1,08,36,087  cases  while  the  High  Court  heard  57,39,966  cases (totalling  to  1.65  crore)  till  30.11.2021  using  video  conferencing.  The  Supreme Court had 1,81,909 hearings since the lockdown period upto 08.01.2022.

- (iii) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts  and District and Subordinate Courts: From 01.05.2014 to 31.01.2022, 44 Judges were appointed in Supreme Court. 690 new Judges were appointed and 587 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High  Courts  has  been  increased  from  906  in  May,  2014  to  1098  currently. Sanctioned  and  working  strength  of  Judicial  Officers  in  District  and  Subordinate Courts has increased as follows:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 31.01.2022 | 24,514                | 19,341             |

However,  filling  up  of  vacancies  in  Subordinate  judiciary  falls  within  the domain of the State Governments and High Courts concerned.

(iv) Reduction in Pendency through / follow up by Arrears Committees: In pursuance of Resolution passed in Chief Justices' Conference held in April, 2015, Arrears  Committees  have  been  set  up  in  High  Courts  to  clear  cases  pending  for more than five years.  Arrears Committees have been set up under District Judges too.    Arrears  Committee  has  been  constituted  in  the  Supreme  Court  to  formulate steps to reduce pendency of cases in High Courts and District Courts. In the past, Minister  of  Law  &  Justice  has  taken  up  the  matter  with  Chief  Justices  of  High Courts and Chief Ministers in the past drawing their attention to cases pending for more than five years and to take up pendency reduction campaign. The Department has developed an online portal for reporting by all High Courts on the compliance of Arrears Eradication Scheme guidelines of the Malimath Committee Report.

- (v) Emphasis  on  Alternate  Dispute  Resolution  (ADR): Commercial  Courts Act, 2015 (as amended on 20 th August, 2018) stipulates mandatory pre-institution

mediation  and  settlement  of  commercial  disputes.  Amendment  to  the  Arbitration and  Conciliation  Act,  1996  has  been  made  by  the  Arbitration  and  Conciliation (Amendment)  Act  2015  for  expediting  the  speedy  resolution  of  disputes  by prescribing timelines.

(vi) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission  endorsed  the  proposal  of  the  Government  to  strengthen  the  judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the  State  Governments  to  use  the  additional  fiscal  space  provided  in  the  form  of enhanced  tax  devolution  form  32%  to  42%  to  meet  such  requirements.  As  on 31.12.2021, 898 Fast Track Courts are functional for heinous crimes, crimes against women  and  children  etc.  To  fast  track  criminal  cases  involving  elected  MPs  / MLAs,  ten  (10)  Special  Courts  are  functional  in  nine  (9)  States/UTs  (1  each  in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana,  Uttar Pradesh, West  Bengal  and  2  in NCT  of  Delhi).  Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC  and  crimes  under  POCSO  Act.  As  on  date,  28  States/UTs  have  joined  the scheme  for  setting  up  of  842  FTSCs  including  363  'exclusive  POCSO  Courts'. Rs.140 crore was released in the financial year 2019-20 and Rs. 160.00 crore has been  released  during  the  financial  year  2020-21  and  Rs.  62.23  crore  has  been released during the FY 2021-22 upto 31.12.2021 for the scheme. 700 FTSCs are presently functional including 383 exclusive POCSO Courts, which disposed 73627 cases  as  on  31.12.2021.  The  continuation  of  the  Scheme  of  FTSC  has  been approved for  another  two  years  (2021-23)  at  a  total  outlay  of  Rs.  1572.86  crore, including Rs. 971.70 crore as Central share.

(vii) In addition, to reduce pendency and unclogging of the courts, the Government  has  recently  amended  various  laws  like  the  Negotiable  Instruments (Amendment)  Act,  2018,  the  Commercial  Courts  (Amendment)  Act,  2018,  the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.

******

## STATEMENT  REFERRED  TO  IN  REPLY  TO    PART  (A)  LOK  SABHA  UNSTARRED QUESTION  NO.  1757  FOR  ANSWER  ON  11.02.2022  REGARDING  PENDING  CASES  IN SUPREME COURT AND HIGH COURT.

Details of Pending Cases in the Country High Court - Wise

| Sl. No   | Name of High Courts       |   Pending Cases (Civil ) |   Pending Cases (Criminal) |   Number of Cases pending in High Courts as on 31.01.2022 |
|----------|---------------------------|--------------------------|----------------------------|-----------------------------------------------------------|
| 1.       | Allahabad                 |                   419480 |                     389563 |                                                    809043 |
| 2.       | Calcutta                  |                   190577 |                      35230 |                                                    225807 |
| 3.       | Gauhati                   |                    45054 |                      10873 |                                                     55927 |
| 4.       | Telangana                 |                   224611 |                      35921 |                                                    260532 |
| 5.       | Andhra Pradesh            |                   191311 |                      33148 |                                                    224459 |
| 6.       | Bombay                    |                   474782 |                      97598 |                                                    572380 |
| 7.       | Chhattisgarh              |                    52537 |                      29839 |                                                     82376 |
| 8.       | Delhi                     |                    74376 |                      27223 |                                                    101599 |
| 9.       | Gujarat                   |                   101464 |                      50665 |                                                    152129 |
| 10.      | Himachal Pradesh          |                    72861 |                      10338 |                                                     83199 |
| 11.      | Jammu &Kashmir and Ladakh |                    41472 |                       6869 |                                                     48341 |
| 12.      | Jharkhand                 |                    42413 |                      44495 |                                                     86908 |
| 13.      | Karnataka                 |                   222775 |                      39522 |                                                    262297 |
| 14.      | Kerala                    |                   169182 |                      42820 |                                                    212002 |
| 15.      | Madhya Pradesh            |                   256719 |                     156748 |                                                    413467 |
| 16.      | Manipur                   |                     4434 |                        508 |                                                      4942 |
| 17.      | Meghalaya                 |                     1396 |                        217 |                                                      1613 |
| 18.      | Punjab &Haryana           |                   283842 |                     165047 |                                                    448889 |
| 19.      | Rajasthan                 |                   426537 |                     152803 |                                                    579340 |
| 20.      | Sikkim                    |                      150 |                         34 |                                                       184 |
| 21.      | Tripura                   |                     1590 |                        195 |                                                      1785 |
| 22.      | Uttarakhand               |                    24601 |                      17910 |                                                     42511 |
| 23.      | Madras                    |                   520843 |                      58297 |                                                    579140 |
| 24.      | Orissa                    |                   149444 |                      52285 |                                                    201729 |
| 25.      | Patna                     |                   113736 |                     110336 |                                                    224072 |
| Total    | Total                     |                  4106187 |                    1568484 |                                                   5674671 |

Source:- National Judicial Data Grid (NJDG)

## Annexure -II

## STATEMENT REFERRED TO IN REPLY TO  PART (B) LOK SABHA UNSTARRED QUESTION NO. 1757 FOR ANSWER ON 11.02.2022 REGARDING  PENDING CASES IN SUPREME COURT AND HIGH COURT.

(as on 08.02.2022)

| S. No.   | Name of High Courts       | Less than 5 years   | Less than 5 years   | 5 to 10 years   | 5 to 10 years   | More than 10 years   | More than 10 years   |
|----------|---------------------------|---------------------|---------------------|-----------------|-----------------|----------------------|----------------------|
| S. No.   | Name of High Courts       | Civil               | Criminal            | Civil           | Criminal        | Civil                | Criminal             |
| 1        | Allahabad                 | 137009              | 165899              | 104749          | 79265           | 178285               | 144065               |
| 2        | Bombay                    | 240518              | 64006               | 106816          | 17558           | 128744               | 16484                |
| 3        | Calcutta                  | 64054               | 14706               | 47610           | 9937            | 79115                | 10567                |
| 4        | Gauhati                   | 35994               | 8202                | 7657            | 2423            | 1397                 | 267                  |
| 5        | Telangana                 | 120840              | 22122               | 64123           | 9517            | 40732                | 4274                 |
| 6        | Andhra Pradesh            | 96123               | 19142               | 57573           | 8859            | 38236                | 5136                 |
| 7        | Chhattisgarh              | 40002               | 18412               | 11632           | 7789            | 1238                 | 3706                 |
| 8        | Delhi                     | 51279               | 17516               | 14264           | 5631            | 9048                 | 4215                 |
| 9        | Gujarat                   | 65251               | 31355               | 24672           | 10965           | 11541                | 8345                 |
| 10       | Himachal Pradesh          | 60648               | 7534                | 9877            | 2509            | 2645                 | 409                  |
| 11       | Jammu &Kashmir and Ladakh | 22473               | 4753                | 13030           | 1624            | 5943                 | 512                  |
| 12       | Jharkhand                 | 27745               | 22251               | 9071            | 9569            | 5605                 | 12841                |
| 13       | Karnataka                 | 121230              | 24551               | 53170           | 8213            | 47866                | 6639                 |
| 14       | Kerala                    | 99370               | 19705               | 53812           | 11691           | 15917                | 11369                |
| 15       | Madhya Pradesh            | 120932              | 70747               | 73239           | 44660           | 62548                | 41341                |
| 16       | Manipur                   | 3653                | 435                 | 383             | 28              | 413                  | 40                   |
| 17       | Meghalaya                 | 1211                | 214                 | 186             | 2               | 0                    | 1                    |
| 18       | Punjab and Haryana        | 148234              | 93685               | 62725           | 42456           | 73401                | 29264                |
| 19       | Rajasthan                 | 281705              | 94303               | 79997           | 24934           | 66036                | 33864                |
| 20       | Sikkim                    | 140                 | 34                  | 10              | 0               | 1                    | 0                    |
| 21       | Tripura                   | 1584                | 188                 | 14              | 2               |                      |                      |
| 22       | Uttarakhand               | 18420               | 13426               | 4633            | 3702            | 1592                 | 893                  |
| 23       | Madras                    | 307059              | 48815               | 93074           | 4503            | 118950               | 5205                 |
| 24       | Orissa                    | 89501               | 27523               | 37094           | 11037           | 24243                | 13187                |
| 25       | Patna                     | 79159               | 76380               | 24653           | 14010           | 10366                | 19603                |
|          | Total                     | 2234134             | 865904              | 954064          | 330884          | 923862               | 372227               |

Source:- National Judicial Data Grid (NJDG)