LI Network
Published on: 31 July 2023 at 14:15 IST
The Supreme Court of India is currently burdened with a whopping 69,766 pending cases awaiting resolution. Among these, what particularly draws attention is the substantial number of cases pending before its constitution benches.
Shockingly, the oldest case pending before a five-judge constitution bench has been unresolved for an astonishing 31 years, while another before a seven-judge bench has been awaiting judgment for 29 years. In total, 29 cases remain pending before various constitution benches.
Over the years, the constitution benches have successfully disposed of a considerable number of cases. For instance, during 1950-1959, they settled 440 cases, and during 1960-1969, the number rose to 956.
However, in recent times, there has been a noticeable decline in the disposal rate, with only 71 cases adjudicated during 2010-2019, and a mere 19 cases settled between 2020 and 2023. This drop could be attributed to a reduction in the number of cases referred to the constitution benches.
As for the pending cases, five are currently awaiting resolution before nine-judge constitution benches, with the oldest case dating back to 1999. Additionally, two other cases have been pending for 21 years.
Both the Supreme Court and the high courts, recognized as constitutional courts, play a crucial role as their judgments interpreting the Constitution act as guiding principles for lower courts when adjudicating various matters.
However, these higher judicial institutions face a backlog of routine cases, such as those related to service and bail, which adds to the burden.
Of the 29 cases pending before the Supreme Court’s constitution benches, 18 are before five-judge benches, which includes the challenge to the abrogation of Article 370.
Moreover, six cases are awaiting judgment before seven-judge benches, while five cases remain pending before nine-judge benches, with the oldest unresolved for 24 years, and two others for 21 years and 16 years, respectively.
Over the years, the composition of the Supreme Court has evolved. Initially established on January 26, 1950, with eight judges, including the Chief Justice of India, its strength grew to 11 in 1956, 14 in 1960, 18 in 1977, and 26 in 1986.
After a 23-year interval, the judge strength increased to 31 and further reached 34 judges in 2019 to address the escalating backlog and rising pendency of cases.
Also read: Supreme Court Decides 2,183 Constitution Bench Cases Since Inception
