Indian Lower Judiciary

19.11.2025

Indian Lower Judiciary

Context    

A Supreme Court Constitution Bench recently flagged stagnation in the subordinate judiciary as a key driver of delays. District courts now carry a massive backlog of 4.69 crore cases, undermining timely justice delivery.

About the Indian Lower Judiciary

Governance Structure

• Constitutional Basis:
   Articles 233–237 establish joint recruitment, appointment, and administrative control of the lower judiciary by High Courts and State Governments, ensuring federal balance.
• Three-Tier Subordinate Courts
  • District & Sessions Courts:
     The highest trial courts in districts, handling major civil and criminal matters and supervising subordinate courts.
  • Senior Civil Judge / Chief Judicial Magistrate Courts:
     Deal with mid-level civil disputes and serious criminal trials.
  • Civil Judge (Junior Division) / JMFC:
     Handle routine civil suits and minor criminal cases, forming the first point of public interaction.

Administrative Control

• High Courts:
   Oversee inspections, postings, promotions, and disciplinary matters to maintain uniform standards.
• State Governments:
   Provide infrastructure, finances, and conduct judicial service examinations through Public Service Commissions.

Recruitment Pathways

• Lower Judicial Service:
   Fresh graduates enter as Civil Judges and rise through departmental exams.
• Higher Judicial Service:
   Advocates with 7+ years’ experience are directly recruited as District Judges to strengthen higher trial courts.

Trends and Challenges in the Lower Judiciary

• Massive Pendency

Subordinate courts handle nearly 90% of India’s total cases, with 4.69 crore pending.
 Vacancies hover around 3%, with 21,122 judges against a sanctioned 25,843.
 India has 21 judges per million, far below the recommended 50.
 District judges face 1,000–1,500 new cases yearly, worsening backlog pressure.

• Digital and Procedural Issues

Despite progress, digitising over 500+ crore pages and conducting 65 crore virtual hearings, only 21 Virtual Courts operate in 17 states.
 Civil cases often last 5–10 years, land disputes 20–30 years, and criminal trials suffer 42% adjournments.

• Human Resources and Infrastructure

Persistent vacancies, lack of stenographers, outdated records, and weak connectivity hinder smooth functioning.
 New judges often have limited courtroom experience, producing weaker orders.
 Procedural laws like the CPC create delays and are prone to misuse.

Initiatives and Reforms

• National Mission for Justice Delivery: Speeds up disposal through procedural reforms and accountability.
• Judicial Infrastructure: Over 22,000 court halls and 20,000 residential units built with ₹12,101 crore funding.
• e-Courts Phase III: Enhances digital systems across 18,700+ courts, including AI tools and e-service centres.
• Fast Track & Special Courts: 865 Fast Track Courts and 725 POCSO courts focus on vulnerable cases.
• Legislative Reforms: Amendments to the NI Act, Commercial Courts Act, Arbitration Act, and Mediation Act speed up dispute resolution.

Way Forward

• Set up Ministerial Courts for procedural work to free trial courts for core adjudication.
   
• Introduce 6–12 months judicial apprenticeship under High Courts for new judges.
   
• Reform execution processes using digitisation and asset disclosure mandates.
   
• Deploy AI for case triage, automated listings, and adjournment monitoring.
   
• Recruit 10,000+ additional judges to meet basic norms.
   
• Simplify laws and encourage mediation to reduce litigation triggers.
   

Conclusion

The lower judiciary, burdened by delays, vacancies, and outdated processes, needs urgent reforms. Strengthening digital systems, investing in training, simplifying procedures, and expanding manpower are vital to ensure timely justice and restore public trust.