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Justice delayed: India needs comprehensive justice system reforms

05 Aug 2026
2 min

Amendment to Supreme Court Judges' Strength

The Lok Sabha passed the Supreme Court (Number of Judges) Amendment Bill, 2026, increasing the number of Supreme Court judges from 33 to 37, excluding the Chief Justice of India. This amendment is considered insufficient to address the backlog of cases.

Judicial Backlog and Challenges

  • Over 10,000 cases at the Supreme Court have been pending for more than a decade.
  • High courts have over 80,000 cases unresolved for over 30 years.
  • Judicial infrastructure and digitisation have seen investments of over ₹9,800 crore since 2011, yet pendency rises.
  • High courts face around 340 judicial vacancies out of 1,122 sanctioned posts; district courts have over 7,300 vacancies among 30,868 sanctioned posts.

Systemic Issues

  • Delays in appointments, inadequate infrastructure, and weak case management systems contribute to slow justice delivery.
  • Government departments are major litigants, adding to case backlogs.

Specialized Courts and Limitations

The establishment of fast-track courts for specific cases, like paper-leak cases, reflects a shift towards specialised adjudication. However, without addressing systemic constraints, this approach only shifts backlog.

  • By April 30, 2026, 775 fast-track special courts operated, yet pending cases rose from 204,000 in 2024 to 246,000 in 2025.

Judicial Reforms Needed

  • Filling judicial vacancies with a time-bound appointment process is crucial.
  • Strengthening the subordinate judiciary and investing in modern infrastructure and digital management can enhance productivity.
  • Implementing better case-flow management, reducing unnecessary adjournments, and adopting technology under the e-Courts Phase III programme can cut procedural delays.
  • Pre-litigation mediation and effective administrative grievance-redress mechanisms can alleviate court pressure.

These reforms not only enhance the justice system but also improve ease of living and doing business by ensuring efficient contract enforcement.

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Pre-litigation mediation

A process where parties attempt to resolve disputes through negotiation and mediation before filing a formal lawsuit. It aims to reduce the burden on courts and provide a more cost-effective and timely resolution.

e-Courts Phase III programme

A government initiative focused on leveraging technology and digital management systems within the judiciary to improve efficiency, reduce procedural delays, and enhance case management across courts.

Fast-track courts

Specialized courts established to expedite the disposal of specific types of cases, such as those involving paper leaks. While intended to speed up justice, their effectiveness can be limited by underlying systemic issues.

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