From pendency to efficiency: re-imagining India's judicial democracy
One of the greatest paradoxes of Indian democracy is that while the Constitution promises justice as a fundamental right, the road to justice is often delayed by decades. The judiciary, envisioned as the guardian of constitutional values and the final arbiter of rights, finds itself trapped in a crisis of pendency. Over 5 crore cases are pending across Indian courts, with some disputes stretching across generations. This chronic delay has shaken public confidence, raising an urgent question: can India reimagine its judicial democracy from pendency to efficiency?
The weight of pendency
Pendency in Indian courts is not a monolithic problem; it is layered. At the lowest level, district courts suffer from infrastructural gaps, insufficient judges, and archaic
procedures. High Courts carry staggering case burdens, where even important constitutional matters can take years to be heard. At the Supreme Court, while landmark rulings attract attention, thousands of appeals and special leave petitions clog the docket, diverting attention from constitutional adjudication.
The causes are multifold. Vacancies remain unfilled for months, sometimes years. Procedural delays—from adjournments to inadequate digital infrastructure—add to the backlog. Moreover, litigation culture itself contributes: government departments, the largest litigants, often file appeals mechanically, multiplying disputes instead of resolving them.
Democracy and the right to timely justice
Justice delayed is not only justice denied but democracy weakened. A judicial system that cannot resolve disputes promptly risks alienating citizens, especially the marginalized who lack resources to sustain long legal battles. Delay in election petitions, for example, renders them meaningless once the tenure of office ends. Similarly, constitutional challenges to laws lose relevance if adjudication comes after the social harm is already entrenched.
In this sense, pendency is not just a managerial problem—it is a democratic deficit. A court system buried under files cannot effectively serve as the guardian of rights. Efficiency, therefore, is not a luxury but a democratic necessity.
Towards efficiency: reimagining reforms
Reimagining judicial democracy requires both structural and cultural reforms. First, vacancies must be filled with urgency. Judicial appointments often get entangled in debates between the Collegium and the executive, but the cost of delay is borne by citizens. A transparent, time-bound mechanism for appointments is indispensable.
Second, technology must become the backbone of judicial functioning. The e-Courts project, virtual hearings, and AI-assisted case management systems have shown promise, especially during the pandemic. Expanding these measures—such as automated scheduling, digital evidence presentation, and online dispute resolution—can significantly reduce delays.
Third, courts must revisit procedural culture. Adjournments, once a routine practice, need stricter regulation. Summary disposal of frivolous cases, fast-tracking of criminal appeals, and expansion of mediation and arbitration can help reduce the load. In particular, government litigation must be rationalized through accountability mechanisms that discourage unnecessary appeals.
The role of judicial leadership
Judicial efficiency is not merely about numbers; it is also about vision. The Chief Justice of India and High Court Chief Justices play a crucial role in setting priorities. Constitution benches should be constituted regularly for pending constitutional matters. Trial courts must be strengthened, not neglected, as they are the first point of access for most citizens. Leadership at every judicial level must ensure that efficiency does not compromise fairness, but enhances credibility.
A collective responsibility
Reimagining judicial democracy also requires active participation from the bar, the legislature, and civil society. Lawyers must resist dilatory tactics, legislators must allocate adequate resources for judicial infrastructure, and civil society must advocate for accountability without undermining independence. Efficiency cannot come at the cost of liberty, but neither can liberty flourish in a system paralyzed by pendency.
Conclusion
The challenge of pendency is daunting, but it is not insurmountable. India’s judiciary, with its constitutional stature and history of resilience, is capable of transformation. From pendency to efficiency is not merely an administrative journey—it is a democratic imperative. A justice system that is timely, accessible, and credible is the cornerstone of a mature democracy. To reimagine judicial democracy is to reaffirm the promise of the Constitution: that justice will not just be available, but will be delivered in time, for all.
