The Election Commission has announced the schedule for the election of the President of India. The last date for nominations is June 30, elections will be held on July 19, and counting will take place on July 22. The BJD and AIADMK have proposed the name of Mr. P.A. Sangma. The Samajwadi Party and Trinamool Congress have suggested three names. Other parties or alliances have not announced any contenders. Our calculations show that no single party or alliance has the numbers to unilaterally elect candidates of its choice. A candidate will need 5,48,507 votes to be elected as the President. If the UPA were to vote as a consolidated block, its vote tally would reach 4,49,847 (41% of the total votes). Among the Congress allies, Trinamool holds the largest number of votes (47,898). If Trinamool decides to support some other candidate, the UPA tally will fall to 4,01,949 votes (37% of the total). The votes held by the major alliances are given in the table below:
| Coalition | Value of votes | Percentage of total votes |
| UPA |
4,49,847 |
41.0% |
| NDA |
3,03,912 |
27.7% |
| Left |
52,282 |
4.8% |
| Bahujan Samaj Party |
43,723 |
4.0% |
| Samajwadi Party |
68,943 |
6.3% |
| Biju Janata Dal |
30,215 |
2.8% |
| AIADMK |
36,216 |
3.3% |
| Others |
1,11,874 |
10.2% |
| Total |
10,97,012 |
|
| Minimum required to be elected |
5,48,507 |
|
A detailed break-up of votes held by each party is given in the table below:
| Party | Value of votes | Percentage of total votes |
| Indian National Congress |
3,31,855 |
30.30% |
| Bharatiya Janata Party |
2,32,454 |
21.20% |
| Samajwadi Party |
68,943 |
6.30% |
| All India Trinamool Congress |
47,898 |
4.40% |
| Bahujan Samaj Party |
43,723 |
4.00% |
| Janata Dal (United) |
41,574 |
3.80% |
| All India Anna Dravida Munnetra Kazhagam (AIADMK) |
36,216 |
3.30% |
| Communist Party of India (Marxist) |
35,734 |
3.30% |
| Biju Janata Dal |
30,215 |
2.80% |
| Nationalist Congress Party |
24,058 |
2.20% |
| Independent |
23,830 |
2.20% |
| Dravida Munnetra Kazhagam (DMK) |
21,780 |
2.00% |
| Telugu Desam Party |
21,256 |
1.90% |
| Shiv Sena |
18,320 |
1.70% |
| Shiromani Akali Dal |
11,564 |
1.10% |
| Communist Party of India |
9,758 |
0.90% |
| Rashtriya Janata Dal |
8,816 |
0.80% |
| Others |
7,420 |
0.70% |
| Janata Dal (Secular) |
6,138 |
0.60% |
| Jammu and Kashmir National Conference |
5,556 |
0.50% |
| Rashtriya Lok Dal |
5,412 |
0.50% |
| Desiya Murpokku Dravida Kazhaga (DMDK) |
5,104 |
0.50% |
| Jharkhand Mukti Morcha |
4,584 |
0.40% |
| Muslim League Kerala State Committee |
4,456 |
0.40% |
| Indian National Lok Dal |
4,068 |
0.40% |
| All India Forward Bloc |
3,961 |
0.40% |
| Jharkhand Vikas Morcha |
3,352 |
0.30% |
| Asom Gana Parishad |
3,284 |
0.30% |
| Telangana Rashtra Samiti |
3,044 |
0.30% |
| Revolutionary Socialist Party |
2,829 |
0.30% |
| Bodoland People's Front |
2,808 |
0.30% |
| All India United Democratic Front |
2,796 |
0.30% |
| Praja Rajyam Party |
2,664 |
0.20% |
| Maharashtra Navnirman Sena |
2,275 |
0.20% |
| Kerala Congress (M) |
2,076 |
0.20% |
| All India Majlis-e-Ittehadul Muslimeen |
1,744 |
0.20% |
| Nagaland People's Front |
1,722 |
0.20% |
| Sikkim Democratic Front |
1,640 |
0.10% |
| Peoples Democratic Party |
1,512 |
0.10% |
| Bahujan Vikas Aaghadi |
1,058 |
0.10% |
| Lok Janasakti Party |
957 |
0.10% |
| All Jharkhand Students Union |
880 |
0.10% |
| Haryana Janhit Congress |
820 |
0.10% |
| Mizo National Front |
732 |
0.10% |
| Marumalarchi Dravida Munnetra Kazhagam |
708 |
0.10% |
| Swabhimani Paksha |
708 |
0.10% |
| Viduthalai Chiruthaigal Katchi |
708 |
0.10% |
| YSR Congress Party |
708 |
0.10% |
| Peasants and Workers Party |
700 |
0.10% |
| Pattali Makkal Katchi |
528 |
0.00% |
| Manithaneya Makkal Katch |
352 |
0.00% |
| Puthiya Tamilaga |
352 |
0.00% |
| All India NR Congress |
240 |
0.00% |
| J&K National Panthers Party |
216 |
0.00% |
| Communist Party of India (Marxist-Leninist) |
176 |
0.00% |
| United Democratic Party |
153 |
0.00% |
| Lok Satta Party |
148 |
0.00% |
| Loktantrik Samajwadi Party |
129 |
0.00% |
| J&K Democratic Party Nationalist |
72 |
0.00% |
| People's Democratic Front |
72 |
0.00% |
| Uttarakhand Kranti Dal |
64 |
0.00% |
| Maharashtrawadi Gomantak Party |
60 |
0.00% |
| People's Party of Arunachal |
32 |
0.00% |
| Total |
10,97,012 |
|
Notes: The electoral college for the Presidential election consists of the elected members of Lok Sabha, Rajya Sabha and all Legislative Assemblies. The winning candidate must secure at least 50% of the total value of votes polled. Each MP/ MLA’s vote has a pre-determined value based on the population they represent. For instance, an MP’s vote has a value of 708, an MLA from UP has a vote value of 208 and an MLA from Sikkim has a vote value of 7 (Note that all MPs, irrespective of the constituency or State they represent, have equal vote value). Parties in various coalitions: UPA: Congress, Trinamool, DMK, NCP,Rashtriya Lok Dal, J&K National Conference, Muslim League Kerala State Committee, Kerala Congress (M), All India Majlis-e-Ittehadul Muslimeen, Sikkim Democratic Front, Praja Rajyam Party, Viduthalai Chiruthaigal Katchi NDA: BJP, JD(U), Shiv Sena, Shiromani Akali Dal, Janata Party Left: CPI(M), CPI, Revolutionary Socialist Party, All India Forward Bloc
Sources: Court News, 2006, Supreme Court of India; National Data Judicial Grid accessed on August 7, 2019; PRS.
Overall, the pendency of cases has increased significantly at every level of the judicial hierarchy in the last decade. Between 2006 and now, there has been an overall increase of 22% (64 lakh cases) in the pendency of cases across all courts. As of August 2019, there are over 3.5 crore cases pending across the Supreme Court, the High Courts, and the subordinate courts. Of these, subordinate courts account for over 87.3% pendency of cases, followed by 12.5% pendency before the 24 High Courts. The remaining 0.2% of cases are pending with the Supreme Court. The primary reason for growing pendency of cases is that the number of new cases filed every year has outpaced the number of disposed of cases. This has resulted in a growing backlog of cases.
In High Courts and subordinate courts, over 32 lakh cases pending for over 10 years
Sources: National Data Judicial Grid accessed on August 7, 2019; Court News, 2006-17, Supreme Court of India; PRS.
In the High Courts, over 8.3 lakh cases have been pending for over 10 years. This constitutes 19% of all pending High Court cases. Similarly, in the subordinate courts, over 24 lakh cases (8%) have been pending for over 10 years. Overall, Allahabad High Court had the highest pendency, with over seven lakh cases pending as of 2017.
Despite high pendency, some High Courts have managed to reduce their backlog. Between 2006 and 2017, pendency of cases reduced the most in Madras High Court at a rate of 26%, followed by Bombay High Court at 24%. Conversely, during the same period, the pendency of cases doubled in the Andhra Pradesh High Court, and increased by 2.5 times in Karnataka High Court.
As a result of pendency, number of under-trials in prison is more than double that of convicts
Sources: Prison Statistics in India, 2015, National Crime Record Bureau; PRS.
Over the years, as a result of growing pendency of cases for long periods, the number of undertrials (accused awaiting trial) in prisons has increased. Prisons are running at an over-capacity of 114%. 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 proportion of undertrials (where the number of inmates was at least over 1,000) were in J&K (85%), followed by Bihar (82%). A total of 3,599 undertrials were detained in jails for more than five years. Uttar Pradesh had the highest number of such undertrials (1,364) followed by West Bengal (294).
One interesting factor to note is that more criminal cases are filed in subordinate courts than in High Courts and Supreme Court. Of the cases pending in the subordinate courts (which constitute 87% of all pending cases), 70% of cases were related to criminal matters. This increase in the pendency of cases for long periods over the years may have directly resulted in an increase in the number of undertrials in prisons. In a statement last year, the Chief Justice of India commented that the accused in criminal cases are getting heard after serving out their sentence.
Vacancies in High Courts and Subordinate Courts affect the disposal of cases
Sources: Court News, 2006-17, Supreme Court of India; PRS.
Vacancy of judges across courts in India has affected the functioning of the judiciary, particularly in relation to the disposal of cases. Between 2006 and 2017, the number of vacancies in the High Courts has increased from 16% to 37%, and in the subordinate courts from 19% to 25%. As of 2017, High Courts have 403 vacancies against a sanctioned strength of 1,079 judges, and subordinate courts have 5,676 vacancies against a sanctioned strength of 22,704 judges. As of 2017, among the major High Courts (with sanctioned strength over 10 judges), the highest proportion of vacancies was in Karnataka High Court at 60% (37 vacancies), followed by Calcutta High Court at 54% (39 vacancies). Similarly, in major subordinate courts (with sanctioned strength over 100 judges), the highest proportion of vacancies was in Bihar High Court at 46% (835 vacancies), followed by Uttar Pradesh High Court at 42% (1,348 vacancies).
