Where there’s a will, there’s a way: We need urgent reforms to speed up justice

India’s justice system is groaning under a crushing backlog. Nearly 48 million cases are pending in lower courts, while the Supreme Court alone has close to 90,000 unresolved matters. This does not include matters before tribunals and administrative bodies.

There is no shortage of lawyers or law colleges, but thousands of judicial posts remain vacant. There are over 4,800 vacancies in subordinate courts and nearly 300 in high courts, leaving the country with barely 21 judges per million people, far below the widely accepted benchmark of 50.As Chief Justice Surya Kant has warned, “Without sufficient courts, even the most sincere judicial system will collapse under the strain.” The consequences are already visible. Undertrial prisoners wait years for hearings, commercial disputes drag on interminably and ordinary citizens steadily lose faith in the promise of timely justice.

Delays have become normal and the exception has become the rule. Against this backdrop came the Supreme Court’s November verdict striking down key provisions of the Tribunals Reforms Act of 2021. The court invalidated clauses governing tribunal appointments, tenure and administrative control, reaffirming that tribunals must remain insulated from executive influence.

To restore institutional independence, it directed the Centre to establish a National Tribunals Commission within a fixed timeframe to oversee appointments, service conditions and administration.Tribunals were created to expedite justice. Yet, many are dysfunctional today. A law ministry assessment points to over 524,000 cases pending before specialized tribunals.