Vital Stats
Pendency of cases in the judiciary
Pendency of cases across courts in India has increased in the last decade. In this note, we present data related to pendency of cases and vacancy of judges in the Supreme Court, High Courts, and subordinate courts.
Pendency in courts has increased over the years; 86% of cases in the subordinate courts
Note: Data for 2017 includes data up to April 2018.
- As of April 2018, there are over three crore cases pending across the Supreme Court, the High Courts, and the subordinate courts (including district courts).
- Of these, the subordinate courts account for over 86% pendency of cases, followed by 13.8% pendency before the 24 High Courts. The remaining 0.2% of cases are pending with the Supreme Court.
- Between 2006 and 2018 (up to April), there has been an 8.6% rise in the pendency of cases across all courts. Pendency before Supreme Court increased by 36%, High Courts by 17%, and subordinate courts by 7%.
Disposal rate between 28% and 55%; increasing number of new cases/year add to pendency
- In 2016, compared to 2006, number of cases disposed of increased approximately from 57,000 to 76,000 in Supreme Court; from 14.4 lakh cases to 16 lakh cases in High Courts and from 1.6 crore cases to 1.9 crore cases in subordinate courts. Despite an increase in disposal of cases in most years, the pendency of cases has increased due to the number of new cases outpacing the number of cases disposed of.
- The disposal rate has stayed between 55% to 59% in the Supreme Court, at 28% in the High Courts, and at 40% in the subordinate courts.
More criminal cases are filed in subordinate courts than in High Courts and Supreme Court. For example, 81% of all cases pending in subordinate courts (2016) were criminal cases, compared to 19% civil cases. On the other hand, in High Courts, a higher number of civil cases were filed (60%) compared to criminal cases (40%).
In High Courts 25% of cases pending for over 10 years; Highest pendency in Allahabad HC
- In the High Courts, 23% of cases have been pending for over ten years. Further, over 29% of all cases have been pending between two and five years.
- In the subordinate courts, over 8% cases have been pending for over ten years. The maximum number of cases in subordinate Courts (47%) have been pending for less than two years (around 1.2 crore cases).
- Overall, Allahabad High Court had the highest pendency, with over seven lakh cases pending before it as of April 2018. This was followed by the Bombay High Court, with 4.6 lakh cases pending before it.
Pendency increasing in some HC and decreasing in others
Note: Data for 2017 includes data up to April 2018. |
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Vacancies of judges across courts have increased; 58% vacancy in Calcutta High Court
Note: Data taken from the last quarter of each calendar year. Data for 2016 includes data up to March 31, 2017. |
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Vacancies across Subordinate Courts is high; 46% vacancy in the subordinate courts in Bihar
Note: Data taken from the last quarter of each calendar year. Data for 2016 includes data up to March 31, 2017.
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Number of under-trials in prison more than double that of number of convicts
- Increase in the pendency of cases for long periods over the years has resulted in an increase in the number of undertrials in prisons (accused prisoners awaiting trial). As of 2015, there were over four lakh prisoners in jails. Of these, two-thirds were undertrials (2.8 lakh) and the remaining one-third were convicts.
- The highest number of undertrials were in UP (22.3%) followed by Bihar (8.3%). The highest proportion of undertrials (where the number of accused were at least over 1000) were in J&K (85%) followed by Bihar (82%).
- A total of 3,599 undertrials were detained in jails for more than 5 years. Uttar Pradesh had the highest number of such undertrials (1,364) followed by West Bengal (294).
Sources: Court News, 2006-2016, Supreme Court of India; Prison Statistics In India, 2015, National Crime Record Bureau; National Data Judicial Grid last accessed on May 15, 2018; Lok Sabha Starred Question 521, April 4, 2018, Lok Sabha; Unstarred Question 4248, March 21, 2018; PRS.
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