Pendency refers to the long-pending backlog of the cases in all the Judiciary levels, i.e., The Supreme Court, the High Court, and the District or Subordinate courts. According to Black Law's Dictionary, Pendency can be defined as "Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and before the final disposition of it.

Reducing the pendency of cases in India is a multifaceted challenge that requires a comprehensive strategy. The judicial backlog in India is one of the most significant obstacles to timely justice, affecting both civil and criminal cases. As of August 2022, the data on the accumulation of cases is staggering, reflecting a deep-rooted problem that hampers the efficacy of justice delivery. Specifically, the Supreme Court has about 71,411 cases pending, the High Courts are grappling with approximately 6 million cases, and the lower courts are dealing with over 41 million cases. This enormous backlog not only strains the judicial infrastructure but also significantly undermines public faith in the legal system's ability to deliver timely justice.

In law, there is a leading saying that "Justice Delayed is Justice Denied". In the present time, numerous components control the legal executive from the desired justice in time. Among those variables the central and major point is Pendency. The pendency of cases alludes to the accumulated build-up of the cases that have been dealt with in the Court of Law for quite a long time.

Reasons for Pendency

The problem of pendency is known to everyone who is somehow involved in seeking justice. Pendency is a problem arising due to a long clog of different sets of problems with different natures that were left unnoticed. The Stakeholders are also significant for the accumulation of the backlog at an increasing rate. All those problems increase the time consumed by the Court of Law, resulting in a delay in providing the Justice sought. Below are several key pathways that can help address this issue:

1. Judicial Reforms
   • Increasing Judicial Capacity
     • Appointment of Judges: The appointment of more judges is crucial. India has one of the lowest judges-to-population ratios in the world. Increasing the number of judges at all levels of the judiciary, including the lower courts, high courts, and the Supreme Court, is essential.
     • Fast-Track Courts: Expanding the number of fast-track courts for specific cases such as sexual offences, commercial disputes, and corruption can expedite the resolution process.
   • Training and Development
     • Continuous Training: Judges and court staff should undergo regular training programs to stay updated with the latest laws and judicial processes.
     • Specialization: Encouraging specialization among judges can lead to more efficient handling of cases. For example, creating dedicated benches for commercial, environmental, and cyber law cases.
        
2. Technological Integration and Digitalization
   • "We shape our buildings; thereafter they shape us." - Winston Churchill. This stands true for technology also, i.e., we shape our technology and thereafter our technology shapes us. Today such reactions can seldom happen because technology has overtaken every aspect of life excepting justice and the administration of Justice.
      
   • Hon'ble Justice Madan B Lokur in his speech during a conference highlighted the issue of technological integration. He said that efforts have been put towards revamping it; a new type of search called elastic search, which is closer to artificial intelligence, is ready to be launched in the districts as well as the High courts. It is thought to be a technology that is immune from hacking. He stressed the use of technology and sought the implementation of the latest software.
      
   • Technology should be used judiciously and in taking the help of gadgets we must not forget that justice dispensation can wholly never be a technological function as we can replicate the human brain in robots but not heart compassion.
      
   • This is an age of system revolution that combines digital and physical systems and is characterized by interaction between technology and humans. A greater impetus should be given to enabling electronic filing of matters. Application of technology at various stages of the justice dispensation system such as case management, registry management, updates to advocates, litigants and the public, legal services, judicial academy, etc. It can also be effectively utilized for services like e-registration of cases, e-payment of court fees in High Courts, auto-generation of cause lists and daily case status, uploading of final order/judgment, delivery of services to stakeholders through Information kiosk at all courts, multiplatform service delivery to stakeholders, etc.
      
   • ADR Mechanism can also be taken online via the use of technology like online forums in the USA for e-adjudication and settling of consumer disputes by E-bay and other online dispute redressal mechanisms like e-negotiation. In our country also the NLSIU, Bangalore has established an Online Consumer Mediation Centre under the aegis of the Ministry of Consumer Affairs for resolving consumer disputes through online mediation.
      
   • Expanding the use of virtual hearings, which gained prominence during the COVID-19 pandemic, can save time and reduce the backlog.
      
3. Process Re-engineering
   • Simplifying Procedures
     • Simplified Laws: Codifying and simplifying complex laws can make them more accessible and easier to interpret, reducing delays in litigation.
     • Alternative Dispute Resolution (ADR): Promoting ADR mechanisms such as mediation, arbitration, and conciliation can significantly reduce the burden on courts. These methods provide quicker and mutually agreeable solutions.
        
4. Infrastructure Development
   • A plight of 3300 District Courts of which 214 are housed in dilapidated buildings and 323 are rented buildings. Certain High Courts are housed in heritage buildings and the same have to be maintained. The government and the judiciary first check the malaise of pendency and delay and infrastructural issues at the grassroots level.
   • Modern Courtrooms
     • Adequate Infrastructure: Ensuring that courtrooms are equipped with modern facilities, including sufficient space, technology, and security measures, can improve efficiency.
     • Mobile Courts: Implementing mobile courts in remote and rural areas can enhance access to justice and reduce pendency by bringing the judiciary closer to the people.
        
5. Policy and Legislative Changes
   • Timely Legislation
     • Clear Legislation: Ensuring that new laws and amendments are unambiguous can reduce litigation arising from interpretative ambiguities.
     • Periodic Reviews: Conducting periodic reviews of existing laws to identify and amend outdated or redundant provisions can streamline the legal process.
        
6. Public Awareness and Legal Education
   • Legal Literacy
     • Awareness Campaigns: Conducting awareness campaigns about legal rights and responsibilities can reduce frivolous and vexatious litigation.
     • Legal Aid Clinics: Establishing legal aid clinics in collaboration with law schools and NGOs can provide legal assistance to those who cannot afford it, ensuring quicker resolution of disputes.
        
7. Efficient Court Administration
   • Court Managers
     • Professional Court Managers: Appointing professional court managers can improve the administration and management of courts, allowing judges to focus solely on adjudication.
        
8. Increased Accountability
   • Performance Metrics
     • Judicial Performance Metrics: Implementing performance metrics for judges and court staff can foster accountability and efficiency. Regular evaluations and feedback mechanisms can drive improvements.

A few solutions are suggested that could be implemented:

• Recruitment examinations should be held on time, and evaluation and the results should be declared promptly. The recruits should be trained, ensuring that competence, motivation, and accountability are given due importance in the whole process.
• Utilizing trained paralegal volunteers can assist in preliminary casework, thereby reducing the burden on judges.
• Judicial manpower should be put to optimum use, and if this cannot happen with judges alone, delegate the task to those trained in personnel management, in turn making them solely responsible to show enhanced efficiency and productivity in the system.
• Court specialization, which is a universal practice, should be explored as that will enhance productivity. Taking a cue from the Supreme Court of Germany, he suggested that the judges could specialize in their chosen area and be allowed to continue in that jurisdiction for at least 5 to 10 years without being transferred out.
• Establish a research wing in every High Court, which is managed by competent researchers rather than the judicial officers.
• The judicial head of the country should have a tenure of at least a year to contribute significantly to the administration of justice.
• The Supreme Court and High Courts should take the initiative to appoint efficient and experienced judges as ad hoc Judges per the Constitution of India. There is an urgent need to have a worthwhile personnel management policy in the courts to save the system from drifting without directions.
• Case planning and grouping them in 3 or 4 categories for fast-track, medium-track, and long-track treatment—in other words, setting timelines.
• Bunching of cases of a similar kind for collective treatment.
• Annual target to be set for disposal of old cases and preparing a plan for its implementation.
• Strict regulation of adjournments and imposition of exemplary costs for seeking it on flimsy grounds.
• Making written arguments the basis for mainstream advocacy, thereby limiting time for oral arguments.
• Clear guidelines on the exercise of judicial activism, admission of PILs, and expression of personal views while hearing a matter contested in court.
• Standard operating procedures on court and case management are the need of the hour. They would, in turn, aid in deciding priorities and acting on them—like focusing on district courts. Gram Nyayalayas with flexible procedures work to reduce village disputes.
• The possibility of issuing notices to parties before admitting second appeals or revision petitions should be explored. This may help in limiting the filings to cases involving substantial questions of law.
• The 13th Finance Commission had allocated funds for the appointment of Court Managers to smoothen and organize the functioning of the courts; however, only 2 or 3 courts have made such appointments.
• Shortage of judges is no doubt a factor responsible for pendency, but at the same time, if it is found that some courts are functioning and performing better in the same conditions, the best practices can be shared.
• Courts should be litigant-friendly and have the latest accessible litigant-friendly technology to smoothen the working of justice administration.
• ADR methods, especially plea-bargaining under Sec. 265A CrPC. Under the supervision of a magistrate, assistance should be sought from students to engage in interaction with the inmates and neutrally discuss the pros and cons of their respective plea-bargaining.
• Stricter guidelines for granting adjournments, especially at the trial stage, and not permitting dilution of time frames specified in CPC.
• Exploring the opening of Courts on Saturdays for cases other than criminal appeals.
• Fixing time limits and deadlines for certain categories of cases in fast-track courts and adhering to the same.
• Exploring public-private partnership (PPP) models for developing court infrastructure and technological solutions can bring in expertise and efficiency from the private sector.

Conclusion
The pathway to reducing the pendency of cases in India is complex and multifaceted, requiring a concerted effort from the judiciary, government, legal community, and the public. Implementing a combination of judicial reforms, technological advancements, process improvements, and infrastructure development can significantly alleviate the backlog of cases and ensure timely justice for all. Continuous evaluation and adaptation of these strategies will be essential in addressing the dynamic challenges of the Indian judicial system.

It's a long road, but with sustained commitment and innovative approaches, it's a journey towards a more efficient and just legal system for everyone.