Lok Sabha Question No. 1853 (UNSTARRED), answered on 2024-12-06
Subject: Backlog of Cases in Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Anil Yeshwant Desai

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1853 TO BE ANSWERED ON FRIDAY, THE 06TH DECEMBER, 2024

## BACKLOG OF CASES IN COURTS

## 1853. SHRI ANIL YESHWANT DESAI:

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

- (a) whether it is a fact that due to huge backlog of pending cases from local courts to the highest court has resulted in the trust deficit in our judicial system and if so, the details thereof;
- (b) the number of cases pending in various courts, State-wise particularly in Maharashtra;
- (c) whether there is any backlog in the appointments of judges, if so, the reasons therefor; and
- (d) whether the present Indian legal system needs reform to deliver the judgements with the expectation of swift disposal of cases and if so, the details thereof and the action taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a) & (b): As per information available on National Judicial Data Grid (NJDG), the backlog of cases as on 30.11.2024 is as under:

|   S. No. | Name of Court                   | Backlog of pending cases   |
|----------|---------------------------------|----------------------------|
|        1 | Supreme Court                   | 82,171                     |
|        2 | High Courts                     | 57,82,786                  |
|        3 | District and Subordinate Courts | 4,56,61,001                |

The detailed statement showing State/UT-wise backlog of pending cases in High Courts and District Courts including Maharashtra is at Annexure-I and Annexure-II respectively .

(c): Filling up of vacant positions in the case of District and Subordinate courts is the responsibility of the High Courts and State Governments concerned. As per the Constitutional framework, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court frames the rules and regulations regarding the appointment and recruitment of Judicial Officers in the respective State Judicial Service. The Hon'ble Supreme Court vide order passed in January 2007 in the Malik Mazhar Sultan case, has inter-alia, stipulated certain timelines, which are to be followed by the States and the respective High Courts for recruitment of judges in District and Subordinate Courts.

Judges of the Supreme Court and High Courts are appointed under Article 124, 217 and 224 of the Constitution of India and according to the procedure laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to the Supreme Court Judgment of October 6, 1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case).

As per the MoP, the responsibility for initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court, in consultation with two senior-most puisne Judges of the High Court. For appointments to the High Courts, under the MOP, the views of concerned State Government are also obtained. The recommendations also have to be considered in the light of such other reports as may be available to the Government in respect of the names under consideration. The recommendations of the High Court Collegium, the State Governments and the Government of India are then forwarded to the Supreme Court Collegium (SCC) for advice. Only those

persons are appointed as Judges of High Courts, whose names have been recommended by the SCC.

Appointment of the Judges of the Constitutional Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at state and central level. 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.

(d): The disposal of pending cases in time bound manner is within the exclusive domain of the judiciary. However, the Government is committed towards facilitating an ecosystem for expeditious disposal of cases by judiciary and reducing pendency as mandated under Article 21 of the Constitution. To this end, the Government set up the National Mission for Justice Delivery and Legal Reforms in 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 improved infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, reengineering of court procedure for quick disposal of cases and emphasis on human resource development.

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## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PARTS (A) AND\_(B) OF LOK SABHA UNSTARRED QUESTION NO. 1853 FOR ANSWER ON 06.12.2024 REGARDING 'BACKLOG OF CASES IN COURTS'.

## Detailed statement showing State/UT-wise pending cases in District and Subordinate Courts

|   S No. | State/UTs                             | Backlog of Pending cases as on 30.11.2024   |
|---------|---------------------------------------|---------------------------------------------|
|       1 | Andaman and Nicobar                   | 8,087                                       |
|       2 | Andhra Pradesh                        | 8,91,416                                    |
|       3 | Arunachal Pradesh                     | 10,255                                      |
|       4 | Assam                                 | 5,01,148                                    |
|       5 | Bihar                                 | 36,10,483                                   |
|       6 | Chandigarh                            | 1,06,457                                    |
|       7 | Chhattisgarh                          | 4,27,410                                    |
|       8 | Dadar& Nagar Haveli and Daman and Diu | 7706                                        |
|       9 | Delhi                                 | 15,16,979                                   |
|      10 | Goa                                   | 58,978                                      |
|      11 | Gujarat                               | 15,99,914                                   |
|      12 | Haryana                               | 14,23,179                                   |
|      13 | Himachal Pradesh                      | 6,56,141                                    |
|      14 | Jammu and Kashmir                     | 3,32,802                                    |
|      15 | Jharkhand                             | 5,47,601                                    |
|      16 | Karnataka                             | 21,50,897                                   |
|      17 | Kerala                                | 17,39,937                                   |
|      18 | Ladakh                                | 1,456                                       |
|      19 | Lakshadweep                           | 525                                         |
|      20 | Madhya Pradesh                        | 20,18,231                                   |
|      21 | Maharashtra                           | 54,47,792                                   |
|      22 | Manipur                               | 12,587                                      |
|      23 | Meghalaya                             | 15,230                                      |
|      24 | Mizoram                               | 5,479                                       |
|      25 | Nagaland                              | 2,718                                       |
|      26 | Orissa                                | 16,51,671                                   |
|      27 | Puducherry                            | 35,349                                      |
|      28 | Punjab                                | 8,59,743                                    |
|      29 | Rajasthan                             | 23,16,457                                   |
|      30 | Sikkim                                | 1,680                                       |
|      31 | Tamil Nadu                            | 15,22,270                                   |
|      32 | Telangana                             | 9,28,418                                    |
|      33 | Tripura                               | 48,724                                      |
|      34 | Uttar Pradesh                         | 1,15,95,720                                 |
|      35 | Uttarakhand                           | 3,61,126                                    |
|      36 | West Bengal                           | 32,46,435                                   |

Source: - National Judicial Data Grid (NJDG).

## Annexure-II

## STATEMENT REFERRED TO IN REPLY TO PARTS (A) AND\_(B) OF LOK SABHA UNSTARRED QUESTION NO. 1853 FOR ANSWER ON 06.12.2024 REGARDING 'BACKLOG OF CASES IN COURTS'.

## Detailed Statement showing pending cases in High Courts

| Sr No.   | Name of High Court                      | Backlog of Pending cases as on 30.11.2024   |
|----------|-----------------------------------------|---------------------------------------------|
| 1.       | Allahabad High Court                    | 8,37,086                                    |
| 2.       | Bombay High Court                       | 6,50,688                                    |
| 3.       | Calcutta High Court                     | 2,05,822                                    |
| 4.       | Gauhati High Court                      | 64,215                                      |
| 5.       | High Court for State of Telangana       | 2,43,784                                    |
| 6.       | High Court of Andhra Pradesh            | 2,46,882                                    |
| 7.       | High Court Of Chhattisgarh              | 84,187                                      |
| 8.       | High Court of Delhi                     | 1,27,142                                    |
| 9.       | High Court of Gujarat                   | 1,70,958                                    |
| 10.      | High Court of Himachal Pradesh          | 93,587                                      |
| 11.      | High Court of Jammu &Kashmir and Ladakh | 45,464                                      |
| 12.      | High Court of Jharkhand                 | 74,753                                      |
| 13.      | High Court of Karnataka                 | 3,01,375                                    |
| 14.      | High Court of Kerala                    | 2,50,548                                    |
| 15.      | High Court of Madhya Pradesh            | 4,65,241                                    |
| 16.      | High Court of Manipur                   | 5,252                                       |
| 17.      | High Court of Meghalaya                 | 1,172                                       |
| 18.      | Orissa High Court                       | 1,45,639                                    |
| 19.      | High Court of Punjab and Haryana        | 3,39,461                                    |
| 20.      | High Court Of Rajasthan                 | 6,56,840                                    |
| 21.      | High Court of Sikkim                    | 207                                         |
| 22.      | High Court of Tripura                   | 963                                         |
| 23.      | High Court of Uttarakhand               | 55,021                                      |
| 24.      | Madras High Court                       | 5,15,935                                    |
| 25.      | Patna High Court                        | 2,00,564                                    |
|          | Total                                   | 57,82,786                                   |

Source: - National Judicial Data Grid (NJDG).