Chief Justice of India Surya Kant raises concerns over the 5.4 crore pending cases in Indian courts, calling it a result of deep structural issues. He highlights the need for infrastructure upgrades, ADR mechanisms, and stronger coordination between government and judiciary. Read the full legal news analysis.
The newly sworn-in Chief Justice of India (CJI) Surya Kant has expressed serious concern over the mounting backlog of 5.4 crore cases pending across courts in India, terming it a reflection of deeper structural deficiencies in the judicial system. Soon after taking oath as the 53rd Chief Justice of India, Justice Kant highlighted the urgent need for a scientific and comprehensive approach to tackle pendency across all three tiers of the judiciary.
As on Tuesday, pending cases include:
• 4.8 crore cases in trial courts
• 63.8 lakh cases in High Courts
• Over 90,000 cases in the Supreme Court
“Judiciary Must Function as an Integrated Whole”
CJI Surya Kant stressed that India’s judicial system must operate as a harmonious, integrated structure, where each tier plays a vital role in upholding democratic values. He remarked that the effectiveness of Indian democracy depends heavily on the robust functioning of trial courts, High Courts, and the Supreme Court.
Structural Bottlenecks at the Core of Pendency
According to the CJI, the huge pendency is primarily driven by infrastructural gaps, particularly in lower courts where the bulk of cases are filed and decided. He emphasised that a coordinated approach between the judiciary and the government is essential to address the crisis.
Key areas requiring immediate attention include:
• Early identification of land and resources for court complexes
• Ensuring adequate facilities and essential amenities
• Speedy execution of judicial infrastructure projects
• Promoting mediation and Alternative Dispute Resolution (ADR) to reduce court burdens
Justice Kant highlighted that these reforms are central to ensuring timely access to justice for citizens.
On Diversity and Judicial Appointments
When asked about his stance on women’s representation, regional diversity, and the alleged selective implementation of collegium recommendations by the government, CJI Surya Kant maintained discretion, stating only, “I am working on these issues.”
Supreme Court and High Courts: A Relationship of Complementarity
Responding to concerns about a perceived “big brother approach” of the Supreme Court toward High Courts, the CJI clarified that the relationship is one of constitutional complementarity, not competition.
He explained that:
- High Courts hold broader powers under Article 225 in many areas compared to
- Supreme Court’s jurisdiction under Article 32, which deals with enforcement of fundamental rights.
Justice Kant emphasised that High Courts remain the primary guardians of constitutional rights, particularly because of their proximity to regional realities and direct engagement with local challenges.
“This is where the Constitution truly lives in daily practice,” he said, underscoring the indispensable role of High Courts in shaping constitutional governance.
A Vision for a Strengthened Three-Tier Judiciary
CJI Surya Kant reiterated that judicial reforms must focus on strengthening all three levels of the judiciary together. He expressed hope that with improved infrastructure, wider adoption of ADR, and cooperative governance, the justice system can significantly reduce pendency and deliver timely, efficient justice to citizens.
