18.11.2025

India’s Subordinate Judiciary

Context
India’s lower judiciary, responsible for the vast majority of case disposal, continues to suffer from severe pendency, capacity gaps, and procedural inefficiencies. A recent editorial by a practicing lawyer highlights systemic challenges that remain overlooked in broader judicial reforms.

About the Issue

Background

The subordinate judiciary (District and Taluka courts) handles nearly 90% of all litigation in India, yet remains the weakest link in judicial administration. Structural problems such as case stagnation, shortage of trained judges, and procedural burdens have deepened the crisis.

Key Concerns

• Massive pendency: Crores of cases await disposal.
   
• Slow disposal: Delays have become routine, affecting citizens’ access to timely justice.
   
• Training gaps: Newly appointed judges often lack adequate practical exposure, affecting courtroom efficiency.
   

Data on Pendency

• The National Judicial Data Grid (NJDG) reports 4.69 crore pending cases in District Courts.
   
• As of 7 February 2025, total pendency across courts:
   
  • Supreme Court: 81,573 cases
     
  • High Courts: 62,35,242 cases
     
  • Subordinate Courts: 4,00,57,424 cases
     
• A significant portion of these cases have remained unresolved for over 10 years, reflecting a deep systemic backlog.
   

Reasons for Judicial Delays

1. Judicial Capacity & Training

New judges often enter service without adequate courtroom and procedural experience, resulting in slower disposal and frequent administrative errors.

2. Procedure-Heavy Court Processes

Judges are required to manage a large portion of administrative tasks under procedural laws like the CPC, issuing summons, accepting filings (vakalatnama), calling parties, leaving limited time for actual hearings.

3. Inexperienced Appointments

Earlier, judicial roles required substantial practice (10+ years). Today, direct recruitment of fresh graduates is common, causing difficulties in order-writing, workload management, and courtroom conduct.

Challenges

Structural Issues

• High workload with limited human resources.
   
• Manual administrative processes that consume judges’ time.
   
• Training deficits due to short or inadequate induction programmes.
   

Impact

• Rising pendency
   
• Lower quality of judgments
   
• Reduced public confidence in lower courts
   

Suggested Reforms

1. Establish Special Administrative Courts

• Create a dedicated administrative court in every district.
   
• A lower-rank judicial officer handles all pre-hearing tasks like summons, filings, case listing, a day before hearings.
   
• Trial judges begin substantive work from the morning, improving daily productivity.
   

2. Strengthened Training Modules

• Mandatory extended training for new judges at High Court benches.
   
• Exposure to real court functioning, judgment writing, and case management practices.
   
• Builds competence and reduces procedural errors.
   

Modern Laws Adding to Delays

Certain contemporary statutes inadvertently increase pendency by adding extra procedural layers:

• Commercial Courts Act: Mandatory pre-litigation mediation often becomes a formality, causing avoidable delays.
   
• Family/Divorce Matters: The compulsory six-month cooling-off period slows resolution and encourages parties to submit misleading statements to bypass the rule.
   

Way Forward

• Process Re-engineering: Separate administrative duties from judicial functions.
   
• Capacity Building: Professional training, case management systems, and mentoring.
   
• Technology Adoption: E-filing, digital summons, virtual hearings, and data-driven monitoring.
   
• Policy Review: Re-examine procedural requirements in modern laws that elongate litigation timelines.
   

Conclusion

A robust justice system cannot function effectively if its foundation of the subordinate judiciary remains overburdened and under-resourced. Strengthening training, modernising procedures, and institutionalising administrative support are essential to ensure timely, accessible, and efficient justice for citizens.