Lok Sabha Question No. 339 (UNSTARRED), answered on 2021-02-03
Subject: Pending Court Cases
Ministry: LAW AND JUSTICE
Asked by: K. Muraleedharan, Harish Dwivedi, Karti P. Chidambaram

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

## LOK SABHA

UNSTARRED QUESTION NO. 339 TO BE ANSWERED ON WEDNESDAY, THE 03 rd  FEBRUARY, 2021

## PENDING COURT CASES

339. SHRI K. MURALEEDHARAN:

SHRI HARISH DWIVEDI:

SHRI KARTI P. CHIDAMBARAM:

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

- (a) the details of number of pending cases in Supreme Court, different High courts and subordinate courts in the country during the last three years, courtwise and the reasons therefor;
- (b) the number of vacancies that are pending with the Govenment for appointment of judges in different High Courts;
- (c) the impact of COVID-19 on case pendency in the Supreme Court, High Courts and Subordinate Courts;
- (d)  whether  there  is  clear  definition  of  the  category  'urgent  cases',  which  were heard by the Supreme Courtduring the pandemic and if so, the details thereof and if not, the reasons therefor; and
- (e) the measures taken by the Government to reduce pendency of court cases and its outcome thereof?

## ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a)& (b): As per information available, details of cases pending in Supreme Court of India  during last three years are as given below :

|   Year | Pendency   |
|--------|------------|
|   2018 | 57,346     |
|   2019 | 59,859     |
|   2020 | 63,146     |

As per the information/data furnished by High Courts and also information/data available  on  the  web  portal  of  National  Judicial  Data  Grid  (NJDG),  details  of  High Courts wise and State/UT wise pendency of cases in District and Subordinate Courts during  last  three  years  are  given  in  Statement  at Annexure-I and Annexure-II respectively.A statement showing sanctioned strength, working strength and vacancies of Judges in the High Courts is given at Annexure-III .

(c) to (e): Disposal of pending cases in courts is within the domain of the judiciary. There is no one single factor like Covid which can be attributed to increase in pendency of  cases.  Pendency  of  cases  in  courts  depends  on  several  factors  which,  inter-alia includes availability of adequate number of judges, supporting court staff and physical infrastructure,  complexity  of  facts  involved,  nature  of  evidence,  cooperation  of  stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of  rules  and  procedures.  After  announcement  of  nation-wide  lockdown  from  25 th March,  2020,  directions  have  been  issued  from  time  to  time  by  the  respective  High Courts to the Subordinate Courts under their administrative jurisdiction for hearing of urgent  civil  and  criminal  matters  in  virtual  or  physical  mode  depending  on  local conditions. Most High Courts have further advised district and subordinate courts that they  may,  as  far  as  possible,  resume  normal  functioning  by  virtual/physical  mode. Wherever physical hearing has been permitted in district and subordinate courts, they have been advised to strictly adhere to Covid protocols and social distancing norms. A new Software Patch and Court User Manual has been recently developed for COVID19 Management. This tool has been developed to help in smart scheduling all cases to effectively manage overcrowding in courts.

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.  Due  to  constraints  of  infrastructure  and workforce as well as social distancing norms, limited number of matters could be listed for  hearing  as  compared to  normal  times.  The  Supreme  Court  had  framed  guidelines which clarified the classes of cases which may be treated as  'urgent' for purposes of early  hearing.    Though,  there  is  no  clear  definition  of  cases  falling  in  the  'urgent' category since the outbreak of coronavirus pandemic, only the urgent matters which are 'mentioned'  for  early  listing  before  the  Hon'ble  Court  on  the  ground  of  urgency  are being listed as per 'Standard Operating Procedure' uploaded on the website(www.sci.gov.in) from time to time. Apart from the 'mentioned' matters, fresh matters and specifically directed matters are also being listed.  Further, where a matter does not fall under the 'Urgent category', it is left to the discretion of the Bench. Since Covid lockdown started, the District courts heard 45,73,159 cases while the High Court heard 20,60,318 cases (totaling to 66.33 lakh) till 31.12.2020 using video conferencing only. The Supreme Court had nearly 32,000 hearings during the lockdown period.

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 five years under various initiatives are as follows:

- (i) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 8,288.30 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  20,062  as  on  28.01.2021and  number  of  residential  units  has  increased  from

10,211 as on 30.06.2014 to 17,736 as on 28.01.2021 under this scheme. In addition, 2,808 court halls and 1,843 residential units are under construction.

- (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 from 13,672 (in 2014) to 18,735 as on 28.01.2021, registering an increase of 5,063.  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 01.01.2021, litigants can access case status of over 17.90 crore cases and 13.36 crore order/judgements 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, funds have been provided for  setting  up  235  e-SewaKendras  at  court  complexes  to  facilitate  lawyers  and litigants  needing  assistance  ranging  from  case  status,  getting  judgements/orders, court/case related information and efiling facilities. Rs. 5.01 croreshas 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.

Nine Virtual Courts have been set up at Delhi  (2 courts), Faridabad (Haryana), Pune  &  Nagpur  (Maharashtra)  Kochi  (Kerala),  Chennai  (Tamil  Nadu),  Guwahati

(Assam) and Bengaluru (Karnataka) to try traffic offences. As on 20.01.2021, these courts have handled 41,98,095 cases and realised Rs.139.25cr in fines.

- (iii) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts  and  District  and Subordinate Courts: From 01.05.2014 to 25.01.2021, 35 Judges were appointed in Supreme Court. 570 new Judges were appointed and 520 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  1080  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             |
| 28.01.2021 | 24,247                | 19,318             |

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.
- (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 18.01.2021,  Fast  Track  Courts  are  functional  for  heinous  crimes,  crimes  against women and children,  family  and  metrimonial  disputes,  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)and proportionate funds have been released to these States by the Government. 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 823 FTSCs including  'exclusive POCSO Courts'. Rs.140 crore  was  released  in  the  financial  year  2019-20  and  Rs.  89.89  crore  has  been released during the financial year 2020-21 for the scheme. Presently 609 FTSCs are functional including 331 exclusive POCSO Courts.
- (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.

HIGH COURTS Total Number of Pending Cases in various High Courts in year 2018, 2019 & 2020

| S.NO.   | Name of the High Court   |   Total Number of Pending Cases 1(As on 31/12/2018) |   Total Number of Pending Cases (As on 31/12/2019) |   Total Number of Pending Cases (As on 31/12/2020) |
|---------|--------------------------|-----------------------------------------------------|----------------------------------------------------|----------------------------------------------------|
| 1.      | Allahabad                |                                              939475 |                                             944657 |                                             773408 |
| 2.      | Andhra Pradesh*          |                                              354833 |                                             193594 |                                             207762 |
| 3.      | Telangana*               |                                              354833 |                                             206413 |                                             236852 |
| 4.      | Bombay                   |                                              287864 |                                             305962 |                                             559119 |
| 5.      | Calcutta                 |                                              231576 |                                             228060 |                                             267431 |
| 6.      | Chhattisgarh             |                                               63574 |                                              69316 |                                              75836 |
| 7.      | Delhi                    |                                               74536 |                                              80950 |                                              91195 |
| 8.      | Gujarat                  |                                              114962 |                                             129184 |                                             142803 |
| 9.      | Gauhati                  |                                               33445 |                                              37243 |                                              51901 |
| 10.     | Meghalaya                |                                                 782 |                                                757 |                                               1443 |
| 11.     | Manipur                  |                                                3062 |                                               2468 |                                               4374 |
| 12.     | Tripura                  |                                                2977 |                                               2586 |                                               2347 |
| 13.     | Himachal Pradesh         |                                               36177 |                                              54452 |                                              73862 |
| 14.     | Jammu & Kashmir          |                                               64042 |                                              71693 |                                              63468 |
| 15.     | Jharkhand                |                                               88932 |                                              85272 |                                              88445 |
| 16.     | Karnataka                |                                              357604 |                                             271929 |                                             293259 |
| 17.     | Kerala                   |                                              192754 |                                             196823 |                                             214384 |
| 18.     | Madhya Pradesh           |                                              331388 |                                             357929 |                                             362932 |
| 19.     | Madras                   |                                              293004 |                                             272722 |                                             580770 |
| 20.     | Orissa                   |                                              167909 |                                             150562 |                                             172476 |
| 21.     | Patna                    |                                              153486 |                                             172425 |                                             178835 |
| 22.     | Punjab & Haryana         |                                              337231 |                                             353888 |                                             637148 |
| 23.     | Rajasthan                |                                              285012 |                                             459828 |                                             523600 |
| 24.     | Sikkim                   |                                                 252 |                                                234 |                                                241 |
| 25.     | Uttarakhand              |                                               34049 |                                              35407 |                                              38676 |
|         | Total                    |                                             4448926 |                                            4684354 |                                            5642567 |

Note  :  The  above  statement  is  compiled  on  the  basis  of  the  figures  received from the High Courts.

*For the period 2018, the figures are for the erstwhile High Court of Judicature are at Hyderabad for the  State of Andhra Pradesh and Telangana

## Annexure-II

## Details of District & Subordinate Courts wise pendency of Cases during the last three years and current position

| Sl. No   | Name of States/UTs   | Number of Cases pending in District and Subordinate Courts as on 31.12.2017   | Number of Cases pending in District and Subordinate Courts as on 10.12.2018   | Number of Cases pending in District and Subordinate Courts as on 14.11.2019   | Number of Cases pending in District and Subordinate Courts as on 28.01.2021   |
|----------|----------------------|-------------------------------------------------------------------------------|-------------------------------------------------------------------------------|-------------------------------------------------------------------------------|-------------------------------------------------------------------------------|
| 1.       | A &NIsland           | 11,185                                                                        | ---                                                                           | 0                                                                             | 0                                                                             |
| 2.       | Andhra Pradesh       | 4,99,246                                                                      | 5,22,853                                                                      | 558144                                                                        | 645518                                                                        |
| 3.       | Telangana            | 4,16,164                                                                      | 5,14,425                                                                      | 553032                                                                        | 686819                                                                        |
| 4.       | Arunachal Pradesh    | ---                                                                           | ---                                                                           | ---                                                                           | ---                                                                           |
| 5.       | Assam                | 2,23,954                                                                      | 2,84,344                                                                      | 296205                                                                        | 361274                                                                        |
| 6.       | Bihar                | 16,58,292                                                                     | 24,39,139                                                                     | 2839812                                                                       | 3191323                                                                       |
| 7.       | Chandigarh           | 38,628                                                                        | 42,980                                                                        | 47132                                                                         | 59265                                                                         |
| 8.       | Chhattisgarh         | 2,72,888                                                                      | 2,57,782                                                                      | 275552                                                                        | 335230                                                                        |
| 9.       | D &NHaveli           | 3,552                                                                         | 2,465                                                                         | 3091                                                                          | 3413                                                                          |
| 10.      | Daman &Diu           | 1,746                                                                         | 1,758                                                                         | 2203                                                                          | 2828                                                                          |
| 11.      | Delhi                | 6,07,036                                                                      | 7,19,977                                                                      | 832229                                                                        | 978490                                                                        |
| 12.      | Goa                  | 39,745                                                                        | 43,825                                                                        | 46462                                                                         | 57311                                                                         |
| 13.      | Gujarat              | 16,41,355                                                                     | 16,59,335                                                                     | 1604461                                                                       | 1949686                                                                       |
| 14.      | Haryana              | 6,45,647                                                                      | 7,21,335                                                                      | 852700                                                                        | 1126576                                                                       |
| 15.      | Himachal Pradesh     | 2,09,938                                                                      | 2,56,577                                                                      | 287555                                                                        | 423074                                                                        |
| 16.      | Jammu &Kashmir       | 1,21,754                                                                      | 1,55,889                                                                      | 174640                                                                        | 218833                                                                        |
| 17.      | Jharkhand            | 3,33,494                                                                      | 3,53,670                                                                      | 383212                                                                        | 446803                                                                        |
| 18.      | Karnataka            | 13,81,438                                                                     | 12,77,153                                                                     | 1546631                                                                       | 1763930                                                                       |
| 19.      | Kerala               | 11,52,056                                                                     | 11,62,952                                                                     | 1275520                                                                       | 1841556                                                                       |
| 20       | Ladakh               | ---                                                                           | -----                                                                         | ------                                                                        | 768                                                                           |
| 21.      | Lakshadweep          | ---                                                                           | ---                                                                           | ---                                                                           | ----                                                                          |
| 22.      | Madhya Pradesh       | 13,25,053                                                                     | 13,70,355                                                                     | 1420511                                                                       | 1719056                                                                       |
| 23.      | Maharashtra          | 33,36,574                                                                     | 35,61,746                                                                     | 3760171                                                                       | 4582365                                                                       |
| 24.      | Manipur              | 9,604                                                                         | 9,994                                                                         | 9879                                                                          | 11139                                                                         |
| 25.      | Meghalaya            | 7,032                                                                         | 6,727                                                                         | 8851                                                                          | 10410                                                                         |
| 26.      | Mizoram              | 3,306                                                                         | 3,653                                                                         | 2560                                                                          | 4710                                                                          |
| 27.      | Nagaland             | ---                                                                           | ---                                                                           | ---                                                                           | 1562                                                                          |
| 28.      | Odisha               | 10,22,635                                                                     | 11,23,055                                                                     | 1220696                                                                       | 1398399                                                                       |
| 29.      | Punjab               | 5,68,232                                                                      | 5,99,053                                                                      | 631132                                                                        | 831225                                                                        |
| 30.      | Rajasthan            | 14,24,560                                                                     | 15,05,712                                                                     | 1654941                                                                       | 1863560                                                                       |
| 31.      | Sikkim               | 1,400                                                                         | 1,306                                                                         | 1180                                                                          | 1600                                                                          |
| 32.      | Tamil Nadu           | 10,10,381                                                                     | 11,03,460                                                                     | 1158027                                                                       | 1297274                                                                       |
| 33.      | Puducherry           | ---                                                                           | ---                                                                           | ---                                                                           | ----                                                                          |
| 34.      | Tripura              | 25,191                                                                        | 23,519                                                                        | 24190                                                                         | 44534                                                                         |
| 35.      | Uttar Pradesh        | 61,61,822                                                                     | 70,04,569                                                                     | 7504678                                                                       | 8653883                                                                       |
| 36.      | Uttarakhand          | 2,10,587                                                                      | 2,38,349                                                                      | 197858                                                                        | 269058                                                                        |
| 37.      | West Bengal          | 17,59,635                                                                     | 22,05,954                                                                     | 2275633                                                                       | 2401947                                                                       |
| Total    |                      | 2,61,24,130                                                                   | 2,91,73,911                                                                   | 3,14,48,888                                                                   | 37183419                                                                      |

Note: Data on District and Subordinate Courts in the States of Arunachal Pradesh and Union Territories of Lakshadweep and  Puducherry  are  not  available  on  the  web-portal  of  NJDG.  Data  in  respect  of  Andaman  &  Nicobar  Islands  is  not available on NJDG Portal.

Annexure- III

## Statement  showing  Sanctioned  strength,  Working  Strength  and  Vacancies  of  Judges  in the High Courts (As on 29.01.2021)

| Sl. No.   | Name of the High Court                | Sanctioned Strength   | Sanctioned Strength   | Sanctioned Strength   | Working Strength   | Working Strength   | Working Strength   | Vacancies   | Vacancies   | Vacancies   |
|-----------|---------------------------------------|-----------------------|-----------------------|-----------------------|--------------------|--------------------|--------------------|-------------|-------------|-------------|
|           |                                       | Pmt.                  | Addl                  | Total                 | Pmt.               | Addl               | Total              | Pmt.        | Addl        | Total       |
| 1         | Allahabad                             | 120                   | 40                    | 160                   | 82                 | 14                 | 96                 | 38          | 26          | 64          |
| 2         | Andhra Pradesh                        | 28                    | 09                    | 37                    | 19                 | 0                  | 19                 | 09          | 09          | 18          |
| 3         | Bombay                                | 71                    | 23                    | 94                    | 49                 | 15                 | 64                 | 22          | 08          | 30          |
| 4         | Calcutta                              | 54                    | 18                    | 72                    | 31                 | 02                 | 33                 | 23          | 16          | 39          |
| 5         | Chhattisgarh                          | 17                    | 05                    | 22                    | 13                 | 01                 | 14                 | 04          | 04          | 08          |
| 6         | Delhi                                 | 45                    | 15                    | 60                    | 29                 | 0                  | 29                 | 16          | 15          | 31          |
| 7         | Gauhati                               | 18                    | 06                    | 24                    | 18                 | 03                 | 21                 | 0           | 03          | 03          |
| 8         | Gujarat                               | 39                    | 13                    | 52                    | 30                 | 0                  | 30                 | 09          | 13          | 22          |
| 9         | Himachal Pradesh                      | 10                    | 03                    | 13                    | 10                 | 0                  | 10                 | 0           | 03          | 03          |
| 10        | High Court for UTs of J &Kand Ladakh  | 13                    | 04                    | 17                    | 11                 | 0                  | 11                 | 02          | 04          | 06          |
| 11        | Jharkhand                             | 19                    | 06                    | 25                    | 17                 | 0                  | 17                 | 02          | 06          | 08          |
| 12        | Karnataka                             | 47                    | 15                    | 62                    | 26                 | 20                 | 46                 | 21          | -05         | 16          |
| 13        | Kerala                                | 35                    | 12                    | 47                    | 30                 | 07                 | 37                 | 05          | 05          | 10          |
| 14        | Madhya Pradesh                        | 40                    | 13                    | 53                    | 27                 | 0                  | 27                 | 13          | 13          | 26          |
| 15        | Madras                                | 56                    | 19                    | 75                    | 52                 | 10                 | 62                 | 04          | 09          | 13          |
| 16        | Manipur                               | 04                    | 01                    | 05                    | 04                 | 01                 | 05                 | 0           | 0           | 0           |
| 17        | Meghalaya                             | 03                    | 01                    | 04                    | 04                 | 0                  | 04                 | -01         | 01          | 0           |
| 18        | Orissa                                | 20                    | 07                    | 27                    | 15                 | 0                  | 15                 | 05          | 07          | 12          |
| 19        | Patna                                 | 40                    | 13                    | 53                    | 22                 | 0                  | 22                 | 18          | 13          | 31          |
| 20        | Punjab& Haryana                       | 64                    | 21                    | 85                    | 37                 | 11                 | 48                 | 27          | 10          | 37          |
| 21        | Rajasthan                             | 38                    | 12                    | 50                    | 23                 | 0                  | 23                 | 15          | 12          | 27          |
| 22        | Sikkim                                | 03                    | 0                     | 03                    | 03                 | 0                  | 03                 | 0           | 0           | 0           |
| 23        | High Court for the State of Telangana | 18                    | 06                    | 24                    | 14                 | 0                  | 14                 | 04          | 06          | 10          |
| 24        | Tripura                               | 04                    | 01                    | 05                    | 04                 | 0                  | 04                 | 0           | 01          | 01          |
| 25        | Uttarakhand                           | 09                    | 02                    | 11                    | 07                 | 01                 | 08                 | 02          | 01          | 03          |
| Total     | Total                                 | 815                   | 265                   | 1080                  | 577                | 85                 | 662                | 238         | 180         | 418         |

PMT - Permanent Addl. - Additional