Lok Sabha Question No. 2059 (UNSTARRED), answered on 2024-08-02
Subject: Pending Cases in Courts
Ministry: LAW AND JUSTICE
Asked by: Smt. Delkar Kalaben Mohanbhai

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

## LOK SABHA

## UNSTARRED QUESTION NO.†2059 TO BE ANSWERED ON FRIDAY, THE 02 ND  AUGUST, 2024

## PENDING CASES IN COURTS

†2059.  SMT. DELKAR KALABEN MOHANBHAI:

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

- (a) whether large number of cases are still pending despite several steps like setting up fasttrack  courts  and  village  courts  being  taken  by  the  Government  in  various States/UTs includingDadra and Nagar Haveli and Daman and Diu;
- (b)  if  so,  the  number  of  pending  cases  disposed  by  the  fast  track  courts  and  village courts since their inception and the number of cases pending as on date;
- (c) whether the Government proposes to set up more courts and appoint more judges in the existing courts to dispose the pending cases at the earliest;
- (d) if so, the details thereof, State/UT-wise including Dadra and Nagar Haveli, Daman and Diu;and
- (e)  the  other  steps  taken/proposed  to  be  taken  by  the  Government  to  dispose  the pending cases in time bound manner?

## ANSWER

## THE 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): As  per  information  available  on  National  Judicial  Data  Grid  (NJDG),  the number of pending cases in courts across the country, as on date, is as under:

|   S. NO. | NAMEOFCOURT                     | NO. OF CASES PENDING   |
|----------|---------------------------------|------------------------|
|        1 | Supreme Court of India          | 83,589                 |
|        2 | High Courts                     | 59,95569               |
|        3 | District and Subordinate Courts | 4,45,41,614            |

In case of Daman and Diu, as on date, 3,107 cases are pending and in the case of  Dadra  and  Nagar  Haveli,4,416  cases  are  pending,  in  the  respective  District  and Subordinate courts.

- (b): As  on  31 st May  2024,  866  Fast-Track  courts  have  been  established.  The number  of  pending  and  disposed  cases  in  respect  of  Fast-Track  Courtssince  their inception till 31.05.2024 is as under:

|   S. NO. | CASES PENDING   | PENDING CASES DISPOSED (SINCE INCEPTION)   |
|----------|-----------------|--------------------------------------------|
|        1 | 13,44,894       | 90,624                                     |

As on 31.07.2024, 481 Gram Nyayalayas (Village Courts) have been notified by 15 States, of which 309 Gram Nyayalayas have been made operational in 10 States. The  data  with  respect  to  the  number  of  cases  pending  and  disposed  of  by  Gram Nyayalayas  was  not  being  maintained  centrally  up  till  2020.  However,  as  per  the information available on the Gram Nyayalaya Portal (https://dashboard.doj.gov.in/gn/cust\_gncases\_reports), wherein the States are required to  upload  the  data  with  respect  to  the  pendency  and  disposal  of  cases  in  the  Gram Nyayalayas, the number of cases pending and disposed off from December 2020 till June 2024 is as under:

|   S. NO. | PENDING CASES DISPOSED                        | CASES PENDING                   |
|----------|-----------------------------------------------|---------------------------------|
|        1 | 234712 cases (from Dec, 2020 till June, 2024) | 262748 (as on 30 th June, 2024) |

(c) & (d): In  case  of  Supreme  Court  of  India,  Article  130 of  the  Constitution  of India provides that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, appoint. The Eleventh Law Commission in its 125 th Report titled 'The Supreme Court - A Fresh Look', submitted in 1988, reiterated the recommendations made by Tenth Law Commission in its 95 th Report for splitting the Supreme Court into two namely (i) Constitutional  Court  at  Delhi  and  (ii)  Court  of  Appeal  or  Federal  Court  sitting  in North, South, East, West and Central India. The Eighteenth Law Commission in its 229 th Report had also suggested that a Constitutional Bench be set up at Delhi and four Cassation  Benches  be  set  up  in  the  Northern  region  at  Delhi,  Southern  region  at

Chennai/Hyderabad, Eastern region at  Kolkata  and  Western  region  at  Mumbai.  The matter was referred to the Chief Justice of India, who informed that after consideration of  the  matter,  the  Full  Court  in  its  meeting  held  on  18th  February,  2010,  found  no justification  for  setting  up  of  Benches  of  the  Supreme  Court  outside  Delhi.  In  Writ Petition  WP(C)  No.  36/2016  on  establishment  of  National  Court  of  Appeal,  the Supreme  Court  vide  its  judgment  dated  13.07.2016  deemed  it  proper  to  refer  the aforementioned  issue  to  the  Constitutional  Bench  for  authoritative  pronouncement. The matter is sub-judice in the Supreme Court.

The Supreme Court (Number of Judges) Act, 1956 was amended to increase the sanctioned strength of Supreme Court of India from 30 to 33 (excluding CJI). The Supreme  Court  (Number  of  Judges)  Amendment  Act,  2019  came  into  force  w.e.f. 09.08.2019.

In  case  of  High  Court,  Benches  are  established  in  accordance  with  the recommendations made by the Jaswant Singh Commission and judgment pronounced by  the  Apex  Court  in  W.P.(C)  No.379  of  2000  and  after  due  consideration  of  a complete  proposal  from  the  State  Government  which  has  to  provide  necessary expenditure and infrastructural facilities and the Chief Justice of the concerned High Court who is required to look after the day today administration of the High Court. To be  complete,  the  proposal  should  also  have  the  consent  of  the  Governor  of  the concerned  State. At present, there is  no  complete  proposal  pending  with the Government for setting up of Bench(es) in any High Court.

During  the  period  from  01.07.2014  to  29.01.2024  with  the  approval  of  the respective State Governments, concerned High Courts and the Chief Justice of India, the Government has increased the Judge strength of the High Courts from 906 to 1114 i.e. by 208 posts.

In case of District and Subordinate courts, the setting up of more courts is within the domain of the concerned High Court and respective State Government.

As  far  as  appointment  of  more  judicial  officers  in  District  and  Subordinate Courts is concerned, under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vests with the  concerned High Court.  In exercise of powers conferred under proviso to Article 309  read  with  Articles 233  and  234  of  the  Constitution,  the respective State Governments, in consultation with the High Court, frame the Rules and Regulations regarding the issue of appointment, promotion, reservations and retirement of Judicial Officers in the State Judicial Service.  The sanctioned strength of judicial officers has increased  from  19,518  in  the  year  2014  to  25,609  as  on  31.07.2024.  The  state-wise sanctioned  strength  and  working  strength  in  respect  of  judges  of  the  District  and Subordinate  Courts  during  past  5  years  including  Daman  and  Diu  and  Dadra  and Nagar Haveli is at Annexure-I .

(e): 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, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development.

*******

## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PARTS (C) & (D) OF LOK  SABHA UNSTARRED QUESTION NO. 2059 FOR ANSWER ON 02.08.2024 REGARDING 'PENDING CASES IN COURTS'.

| Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   | Sanctioned Strength and Working Strength of Judicial Officers in District and Subordinate Courts   |
|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------|
| Sl.No                                                                                              | Name of the State/Uts                                                                              | As on 31.12.2019                                                                                   | As on 31.12.2019                                                                                   | As on 31.12.2020                                                                                   | As on 31.12.2020                                                                                   | As on 31.12.2021                                                                                   | As on 31.12.2021                                                                                   | As on 31.12.2022                                                                                   | As on 31.12.2022                                                                                   | As on 31.12.2023                                                                                   | As on 31.12.2023                                                                                   |
| Sl.No                                                                                              | Name of the State/Uts                                                                              | Sanctioned Strength                                                                                | Working Strength                                                                                   | Sanctioned Strength                                                                                | Working Strength                                                                                   | Sanctioned Strength                                                                                | Working Strength                                                                                   | Sanctioned Strength                                                                                | Working Strength                                                                                   | Sanctioned Strength                                                                                | Working Strength                                                                                   |
| 1                                                                                                  | Andhra Pradesh                                                                                     | 597                                                                                                | 529                                                                                                | 607                                                                                                | 510                                                                                                | 607                                                                                                | 491                                                                                                | 607                                                                                                | 534                                                                                                | 618                                                                                                | 535                                                                                                |
| 2                                                                                                  | Telangana                                                                                          | 413                                                                                                | 334                                                                                                | 474                                                                                                | 378                                                                                                | 474                                                                                                | 425                                                                                                | 560                                                                                                | 410                                                                                                | 560                                                                                                | 445                                                                                                |
| 3                                                                                                  | Auranchal Pradesh                                                                                  | 41                                                                                                 | 27                                                                                                 | 41                                                                                                 | 32                                                                                                 | 41                                                                                                 | 32                                                                                                 | 41                                                                                                 | 33                                                                                                 | 44                                                                                                 | 34                                                                                                 |
| 4                                                                                                  | Assam                                                                                              | 441                                                                                                | 412                                                                                                | 466                                                                                                | 412                                                                                                | 467                                                                                                | 436                                                                                                | 485                                                                                                | 425                                                                                                | 485                                                                                                | 439                                                                                                |
| 5                                                                                                  | Bihar                                                                                              | 1925                                                                                               | 1149                                                                                               | 1936                                                                                               | 1433                                                                                               | 1954                                                                                               | 1394                                                                                               | 2016                                                                                               | 1349                                                                                               | 2016                                                                                               | 1550                                                                                               |
| 6                                                                                                  | Chandigarh                                                                                         | 30                                                                                                 | 29                                                                                                 | 30                                                                                                 | 26                                                                                                 | 30                                                                                                 | 30                                                                                                 | 30                                                                                                 | 30                                                                                                 | 30                                                                                                 | 29                                                                                                 |
| 7                                                                                                  | Chattisgarh                                                                                        | 468                                                                                                | 393                                                                                                | 480                                                                                                | 387                                                                                                | 482                                                                                                | 409                                                                                                | 527                                                                                                | 437                                                                                                | 562                                                                                                | 423                                                                                                |
| 8                                                                                                  | D &NHaveli                                                                                         | 3                                                                                                  | 3                                                                                                  | 3                                                                                                  | 2                                                                                                  | 3                                                                                                  | 2                                                                                                  | 3                                                                                                  | 2                                                                                                  | 3                                                                                                  | 2                                                                                                  |
| 9                                                                                                  | Daman &Diu                                                                                         | 4                                                                                                  | 3                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  |
| 10                                                                                                 | Delhi                                                                                              | 799                                                                                                | 681                                                                                                | 799                                                                                                | 648                                                                                                | 884                                                                                                | 692                                                                                                | 884                                                                                                | 681                                                                                                | 887                                                                                                | 798                                                                                                |
| 11                                                                                                 | Goa                                                                                                | 50                                                                                                 | 43                                                                                                 | 50                                                                                                 | 40                                                                                                 | 50                                                                                                 | 40                                                                                                 | 50                                                                                                 | 40                                                                                                 | 50                                                                                                 | 40                                                                                                 |
| 12                                                                                                 | Gujarat                                                                                            | 1521                                                                                               | 1185                                                                                               | 1521                                                                                               | 1152                                                                                               | 1523                                                                                               | 1123                                                                                               | 1582                                                                                               | 1151                                                                                               | 1720                                                                                               | 1175                                                                                               |
| 13                                                                                                 | Haryana                                                                                            | 772                                                                                                | 475                                                                                                | 772                                                                                                | 493                                                                                                | 772                                                                                                | 482                                                                                                | 772                                                                                                | 464                                                                                                | 772                                                                                                | 564                                                                                                |
| 14                                                                                                 | Himachal Pradesh                                                                                   | 175                                                                                                | 153                                                                                                | 175                                                                                                | 161                                                                                                | 175                                                                                                | 160                                                                                                | 179                                                                                                | 163                                                                                                | 179                                                                                                | 158                                                                                                |
| 15                                                                                                 | Jammu and Kashmir                                                                                  | 290                                                                                                | 232                                                                                                | 296                                                                                                | 255                                                                                                | 300                                                                                                | 241                                                                                                | 314                                                                                                | 223                                                                                                | 317                                                                                                | 223                                                                                                |
| 16                                                                                                 | Ladakh                                                                                             |                                                                                                    |                                                                                                    | 16                                                                                                 | 8                                                                                                  | 17                                                                                                 | 9                                                                                                  | 17                                                                                                 | 9                                                                                                  | 17                                                                                                 | 10                                                                                                 |
| 17                                                                                                 | Jharkhand                                                                                          | 677                                                                                                | 461                                                                                                | 675                                                                                                | 544                                                                                                | 675                                                                                                | 523                                                                                                | 694                                                                                                | 508                                                                                                | 693                                                                                                | 512                                                                                                |
| 18                                                                                                 | Karnataka                                                                                          | 2703                                                                                               | 2169                                                                                               | 1357                                                                                               | 1071                                                                                               | 1363                                                                                               | 1087                                                                                               | 1365                                                                                               | 1132                                                                                               | 1375                                                                                               | 1150                                                                                               |
| 19                                                                                                 | Kerela                                                                                             | 536                                                                                                | 457                                                                                                | 538                                                                                                | 470                                                                                                | 569                                                                                                | 488                                                                                                | 595                                                                                                | 473                                                                                                | 605                                                                                                | 514                                                                                                |
| 20                                                                                                 | Lakshadweep                                                                                        | 3                                                                                                  | 3                                                                                                  | 3                                                                                                  | 3                                                                                                  | 3                                                                                                  | 3                                                                                                  | 4                                                                                                  | 4                                                                                                  | 4                                                                                                  | 3                                                                                                  |
| 21                                                                                                 | Madhya Pardesh                                                                                     | 2021                                                                                               | 1620                                                                                               | 2021                                                                                               | 1610                                                                                               | 2021                                                                                               | 1552                                                                                               | 2021                                                                                               | 1649                                                                                               | 2028                                                                                               | 1730                                                                                               |

| 22    | Maharashtra   |   2189 |   1942 |   2190 |   1940 |   2190 |   1940 |   2190 |   1940 |   2190 |   1940 |
|-------|---------------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|
| 23    | Manipur       |     55 |     39 |     54 |     36 |     59 |     42 |     59 |     42 |     59 |     49 |
| 24    | Meghalaya     |     97 |     49 |     97 |     49 |     97 |     49 |     99 |     51 |     99 |     57 |
| 25    | Mizoram       |     64 |     46 |     64 |     43 |     65 |     42 |     74 |     41 |     74 |     41 |
| 26    | Nagaland      |     33 |     25 |     33 |     26 |     34 |     24 |     34 |     24 |     34 |     24 |
| 27    | Odisha        |    919 |    770 |    950 |    756 |    976 |    785 |   1001 |    767 |   1008 |    803 |
| 28    | Puducherry    |     26 |     11 |     26 |     11 |     26 |     11 |     28 |     11 |     29 |     10 |
| 29    | Punjab        |    675 |    579 |    692 |    593 |    692 |    607 |    797 |    589 |    797 |    585 |
| 30    | Rajasthan     |   1428 |   1120 |   1489 |   1292 |   1549 |   1274 |   1587 |   1256 |   1638 |   1342 |
| 31    | Sikkim        |     25 |     19 |     25 |     20 |     28 |     20 |     30 |     21 |     35 |     23 |
| 32    | Tamil Nadu    |   1255 |   1080 |   1298 |   1049 |   1316 |   1082 |   1340 |   1068 |   1371 |   1040 |
| 33    | Tripura       |    120 |     96 |    120 |     97 |    122 |     97 |    128 |    108 |    128 |    108 |
| 34    | Uttar Pradesh |   3416 |   2578 |   3634 |   2581 |   3634 |   2542 |   3647 |   2474 |   3696 |   2449 |
| 35    | Uttarkhand    |    294 |    228 |    297 |    255 |    299 |    271 |    299 |    269 |    298 |    271 |
| 36    | West Bengal   |   1014 |    918 |   1014 |    918 |   1014 |    918 |   1014 |    918 |   1014 |    918 |
| 37    | A& N Island   |      0 |     13 |      0 |     13 |      0 |     13 |      0 |     13 |      0 |     13 |
| Total | Total         |  25079 |  19871 |  24247 |  19318 |  24515 |  19340 |  25077 |  19313 |  25439 |  20011 |