Editorial: Wake-up call for the judiciary
Supreme Court of India's directive to High Courts to deliver timely judgments could go a long way in reducing pendency
Pendency of cases in courts is a huge legacy issue and an unsettling reality of the world’s largest democracy. A steady rise in arrears, regardless of periodic increases in judicial strength, has been a constant phenomenon since Independence. As of early 2026, the number of pending cases across the country crossed a staggering 5.8 crore. District and subordinate courts alone account for close to 4.9 crore of these cases. The high courts collectively carry over 60 lakh, while the Supreme Court is straining under the weight of over 92,000 pending matters. Frequent adjournments on flimsy grounds have been the bane of the justice delivery system. Against this backdrop, the Supreme Court’s latest direction to all high courts to curb delays in the pronouncement of judgments is a welcome step that could go a long way in reducing pendency. It has set a three-month deadline for high courts for the delivery of verdicts from the date of reserving the order. Delayed judgments are not merely a function of administrative lapses but also amount to a denial of justice itself. It was in the Anil Rai case (2001) that the SC observed the worrisome practice among HC judges of first reserving verdicts and then failing to pronounce judgments for months or even years, or delivering only the operative parts of the verdict with a promise to provide detailed reasons later, which in some cases was not done. This practice should hopefully end with the latest ruling from the top court.
When cases are reserved for judgment indefinitely, it is the litigants who suffer the most. And, in many cases, the outcomes would carry major implications for the parties involved. In the case of undertrials, the situation is all the more pathetic. Many continue to languish in jail despite hearings being completed, while victims and their families remain gripped by uncertainty. In fact, undertrials constitute an alarming 70% of India’s prisoners, and most of them remain in prisons for periods beyond the prescribed punishment applicable to the cases they are charged with. This exposes serious lacunae in the criminal justice system. No wonder India’s prisons are largely overcrowded. The SC’s directive that bail orders be issued the same day — or at the latest, the next day — is therefore very timely, humane and constitutionally necessary. The SC’s focus on transparency is also welcome. By directing high courts to upload judgments within 24 hours and disclose timelines relating to reservation, pronouncement and uploading of verdicts, the judiciary is embracing greater accountability. Quality of judgments and timely delivery would go a long way in strengthening public faith in the judiciary. Severe shortage of judges is often cited as the main reason for the alarming pendency levels. Other contributing factors include lack of court management systems, poor infrastructure, frequent adjournments, lawyers’ strikes and indiscriminate use of writ jurisdiction.
