INTRODUCTION
In the world’s largest democracy, justice is not just a constitutional promise but also a fundamental expectation of every citizen. Yet, the Indian judicial system is grappling with a chronic issue that adverse the effects of this expectation: judicial vacancies. There are lakhs of cases pending in courts across the country, and the phrase “justice delayed is justice denied” has become a harsh reality for many. But what causes this delay? One of the root causes is the extreme number of unfilled judicial posts, especially in the lower judiciary, High Courts, and even the Supreme Court.
“The justice delivery system is collapsing under its own weight. The judiciary cannot be expected to function efficiently when critical posts remain vacant.”
[1] – Justice Sanjay Kishan Kaul
THE NUMBERS THAT SPEAK VOLUMES
The backlog in the Indian judiciary is not just a matter of concern but also a crisis that reflects a deeper structural issue. According to the National Judicial Data Grid, as of early 2025, there are over 5 crore pending cases in the Indian judiciary. Out of these, nearly 4 crore cases are stuck in subordinate courts, while over 60 lakh cases are pending before various High Courts. Even the Supreme Court of India, or the apex court, has over 70,000 cases waiting to be heard.[2]
This represents millions of lives on hold, people waiting for justice in matters ranging from land disputes and criminal trials to matrimonial cases and corporate litigation, etc.
Even more worrying is the vacancy rate in the judiciary:
- As of 2025, more than 30% of posts in High Courts remain vacant.
- In district courts, over 5,000 judicial posts are yet to be filled.
- The judge-to-population ratio in India is approximately 20 judges per million people, which is far below the recommended 50 judges per million by the Law Commission.[3]
These numbers draw attention to the harsh reality: there simply aren’t enough judges to handle the millions of cases. And this shortage, if not addressed urgently, will only lead to further erosion of public trust in the judicial system.
WHY DOES IT TAKE SO LONG?
India’s justice system is often described as slow-moving and for good reason. There are multiple structural, procedural, and administrative issues that contribute to the delay in delivering justice.
- JUDICIAL VACANCIES
One of the most significant reasons is just the abysmally low number of judges. This is true, as earlier seen; in fact, the judge-population ratio was pathetically low in India. Even with thousands of judicial posts lying vacant, particularly in respect of High Courts and lower courts, the reality remains that there simply aren’t enough judges qualified to fill with volume cases. The fewer judges, the more overburdened all these judges have that become accumulated by hundreds, even thousands, of cases.[4]
- PROCEDURAL COMPLEXITIES AND OUTDATED LAWS
Indian law still follows procedures and formalities dating back to the colonial era. A simple case can be prolonged in years of adjournments, technical objections, and appeals. Some laws and procedures are outdated and not tailored anymore to the scale or complexity of current legal disputes, especially in civil and commercial matters.
- OVERUSE OF ADJOURNMENTS
One of the biggest problems in the system is that courts often give too many adjournments Sometimes, lawyers ask for these delays on purpose to slow down the case. Since courts are already handling too many cases, they usually agree. This leads to unnecessary delays, and cases take many years to finish.
- LACK OF INFRASTRUCTURE
Many of the district courts across the country have very poor infrastructure: there are few courtrooms, not enough staff, and insufficient digital resources. Most of the negative implications relate to the speed of the trial. Judges have to share courtrooms or hold hearings in cramped areas, which makes smooth functioning much less of a possibility.
- LIMITED USE OF TECHNOLOGY
In terms of digitization of court records and video conferencing, India has made some headway owing to the recent holdups created by COVID 19, but the methods are still miles away from complete digitalization. For instance, things are even worse in rural and semi-urban settings where most services are manually availed further hampering retrieving files, scheduling hearings, and maintaining records.
- BACKLOG OF FRIVOLOUS OR MINOR CASES
A significant portion of the backlog consists of minor disputes that could be settled outside court. However, due to lack of awareness or alternate dispute resolution (ADR) mechanisms, people often rush to court for even small issues. This clogs the system and affects the time available for serious matters.
- DELAYS IN GOVERNMENT LITIGATION
The government is the biggest litigant in India. A large number of cases are filed by or against government departments. These cases often involve multiple layers of bureaucracy, causing further delays in decision-making, representation, and filing of documents.
- APPEAL CULTURE
Every decision of a trial court is almost always appealed, even if there’s little scope for success. This leads to cases being stretched from trial courts to High Courts to the Supreme Court, increasing the lifespan of litigation from a few months to several years.[5]
These delays aren’t just numbers—they affect real lives, businesses, and livelihoods. A criminal trial that takes 10 years to conclude can ruin an innocent person’s life. A land dispute stuck for 15 years can paralyze a family’s future. Justice delayed is, indeed, justice denied.
THE HUMAN COST OF DELAYED JUSTICE
Behind every pending case is a human story someone waiting for compensation, someone wrongly accused, or a victim seeking justice. The delay in verdicts not only shakes public confidence in the system but also burdens the litigants emotionally, financially, and socially. In cases of undertrials, people often spend more time in jail than the maximum sentence of the crime they are accused of.
“Delay in justice delivery turns victims into forgotten statistics and undermines the very purpose of the judiciary.” ~by Justice NV Ramana[6]
THE WAY FORWARD
To restore Reliance in the justice delivery system, India must Take on a multi-dimensional approach that Deals with both manpower and mechanism. Filling judicial vacancies swiftly through transparent and time-bound appointments is the first step, but it cannot stand alone. The judiciary must Acknowledge technology not just as a tool but as a culture e-filing, digital case tracking, and virtual hearings should become the norm, not the exception. [7]Equally important is the need to promote alternative dispute resolution methods such as mediation and arbitration, which can mitigate the pressure on regular courts. The government, being the largest litigant, must adopt a more responsible approach to litigation and avoid unnecessary appeals. Legal education also has a role to play a pivotal role future lawyers and judges must be trained to value efficiency and ethics over delay and tactics. At its core, the way forward lies in treating justice not as a privilege but as a right, accessible, affordable, and delivered in time.[8]
CONCLUSION
India takes pride in being a nation governed by the rule of law. When true justice is perceived to be momentarily denied, delays become the enemy. Judicial vacancies are not mere statistics; they symbolize innumerable pending causes and dashed expectations. With every vacant chair, cases keep on languishing, and the confidence of the people in the system erodes.
An equally important thing that lies at the very foundation of building a system that is fair and just is that the matter of judicial vacancies must be treated as a national emergency when addressed. Reforms are no longer an option; they have become a necessity.
As Martin Luther King Jr. rightly said, “Injustice anywhere is a threat to justice everywhere”[9]
Author(s) Name: Komal Suthar (Amity University, Rajasthan)
References:
[1] Justice Sanjay Kishan Kaul, Speech at the Inaugural Session of the Constitution Day Celebration, Supreme Court of India (26 November 2022) https://main.sci.gov.in/pdf/Constitution-Day/Constitution%20Day%20Speeches%202022.pdf
[2] National Judicial Data Grid (NJDG), Statistics of Pending Cases in Indian Courts, available at: https://njdg.ecourts.gov.in
[3] Department of Justice, Government of India, ‘Judicial Vacancies Data’ https://doj.gov.in
[4] Law Commission of India, Arrears and Backlog: Creating Additional Judicial (wo)manpower (245th Report, July 2014) para 1.2 https://lawcommissionofindia.nic.in/reports/report245.pdf
[5]Law Commission of India, Litigation Policy and Civil Justice Reforms (Report No 230, August 2009) para 2.1 https://lawcommissionofindia.nic.in/reports/report230.pdf accessed 19 April 2025;
[6] Justice NV Ramana, Speech at the Launch of the Fast Track Special Courts Project, Supreme Court of India (2 October 2021) https://main.sci.gov.in/pdf/Speeches/Justice%20Ramana%20Speech%20on%20Fast%20Track%20Courts.pdf
[7]Supreme Court of India, Vision Document for e-Courts Phase III (2022) https://ecourts.gov.in/ecourts_home/static/v3.html
[8] India Justice Report, 2022 Report: Government as the Biggest Litigant https://www.indiajusticereport.org/
[9] Martin Luther King Jr, Letter from Birmingham Jail (16 April 1963) https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html
