The incoming Chief Justice of India-designate Justice Surya Kant has placed the reduction of the Supreme Court’s mounting case backlog and revival of long-pending constitutional matters at the top of his reform agenda. With pendency touching 90,225 cases as of 22 November 2025—the highest in the Court’s history—the issue has assumed renewed national significance.
The data comes from the National Judicial Data Grid (NJDG), a public dashboard under the e-Courts project that provides real-time statistics on case institution, disposal and pendency across all courts.
Why Case Pendency is Rising
1. Heavy Constitutional Docket
The Supreme Court hears a disproportionately large volume of Article 136 Special Leave Petitions (SLPs). The Law Commission has described India’s apex court as one of the world’s most overburdened because it entertains appeals on a far broader scale than comparable jurisdictions.
2. Bypassing High Courts
Digital filing, virtual hearings and the belief that the Supreme Court offers quicker relief have incentivised litigants to approach the apex court directly. This sidesteps High Courts, weakening the intended filtering mechanism envisioned in the constitutional scheme.
3. Understaffed Judiciary
Vacancies in the Supreme Court—often arising from delays in the Collegium–Government clearance cycle—reduce judicial strength and adversely impact disposal rates. The Department of Justice repeatedly highlights that even short periods of vacancy significantly slow case hearings.
4. Legacy and Structural Backlogs
Several constitutional, land, taxation and service matters have remained unresolved for decades. The primary reason is the irregular functioning of Constitution Benches, which require five or more judges under Article 145(3). Without regular sittings, related cases also remain stalled.
5. Procedural Burden
The Court faces frequent interim applications, review petitions, curative petitions and repeated listings that consume substantial judicial time. This procedural overload further delays final hearings.
Key Constitutional Provisions
- Article 136 – Special Leave Petition (SLP):
A discretionary power enabling the Supreme Court to hear appeals against any judgment/order of any court or tribunal (except military courts). - Constitution Bench:
A bench of five or more judges, constituted to interpret substantial constitutional questions.
Way Forward
- Regular 7-judge and 9-judge Constitution Benches:
Big-ticket constitutional issues must be settled to unlock thousands of pending connected cases. - Strengthen High Courts:
Encourage litigants to approach High Courts first, restoring their constitutional role and reducing the Supreme Court’s admission burden. - Accelerate Appointments:
Streamline the Collegium-Government consultation timelines to prevent vacancies and keep benches fully functional. - Institutional Mediation:
Justice Surya Kant has termed mediation a potential “game-changer”—particularly for civil, commercial and family disputes—helping reduce case inflow.
The urgent need for systemic reforms makes pendency reduction central to restoring the Supreme Court’s constitutional mandate as a court of law rather than a court of routine appeals.
