Justice Jammed: Why Indian Courts Are Stuck and How to Unblock Them

One winter morning in Delhi, I found myself sitting in a small, crammed courtroom at Tis Hazari, waiting for a hearing that was supposed to start at 10 a.m. It was already 1 p.m. The judge hadn’t shown up, the lawyers were chatting, and the complainant beside me—an old man in his 70s—was dozing off in his chair.

When I asked him how long he’d been coming here, he sighed and said, “Beta, it’s been eight years. I just want to see some justice before I die.”

That hit me hard. Because beneath all the legal jargon, the black robes, and the wooden gavels, the Indian judiciary is ultimately about people—people like him, who put their faith in the system, only to be rewarded with silence, delays, and heartbreak.

It’s 2025. And if we’re still asking whether our courts need reform, we’re asking the wrong question. The real question is: how much more delay, dysfunction, and damage can we afford before we fix what’s broken?

 

The Cracks in the Pillar

The judiciary is often called the third pillar of democracy, meant to act as a check on both legislative and executive excesses. But this pillar, frankly, is crumbling.

Here’s a snapshot:

• Over 5 crore cases are pending across Indian courts.
• Some High Courts are operating at 40-50% strength due to delayed judicial appointments.
• Lower courts—where the majority of Indians seek justice—are chronically underfunded, understaffed, and overburdened.
• Infrastructural decay is rampant—imagine conducting trials in rooms with leaking ceilings, no proper seating, and sometimes no electricity.

Add to that the lack of transparency in judicial appointments, the slow pace of digital integration, and a growing perception of corruption, and you start to see why the system feels stuck in the last century.

 

Who Suffers Most?

It’s not the powerful or the rich—they have money, connections, and patience bought by privilege.

It’s the ordinary people who get crushed.

Take the story of Kavita, a young domestic worker in Bengaluru, who was assaulted by her employer. Her case has seen 17 adjournments in three years. Each court date means a day’s wage lost. Each postponement chips away at her courage.

Then there’s Rajesh, a farmer in Bihar, who’s been trying to reclaim his land from an encroacher. The local court kept shifting dates for four years. By the time a ruling came, the encroacher had built a two-story house on it.

These aren’t exceptions. They are the rule.

 

So What Needs to Change?

Let’s break it down.

1. Transparent and Accountable Judicial Appointments

The current collegium system—where senior judges appoint junior judges—is opaque, self-regulated, and almost feudal in structure. There’s no public accountability, no clear performance metrics, and no diversity in representation.

We need a Judicial Appointments Commission—independent, multi-stakeholder, and transparent in operation. Merit, integrity, and social representation must guide appointments, not closed-door lobbying.

2. Fast-Track Infrastructure and Technology

Many courtrooms still run on paper files that can be lost, tampered with, or eaten by rats (literally). The e-courts project was a great start, but it needs a serious push—nationwide digitization, real-time case tracking, and hybrid hearings as a permanent feature.

Also, more video conferencing, AI-assisted scheduling, and digital evidence submissions can unclog the system faster than bureaucratic band-aids.

3. Filling Vacancies—Yesterday

There are over 400 vacancies in High Courts and 6,000 in lower courts. This isn’t just a “governance issue.” It’s malpractice by neglect.

There should be strict timelines for appointments, and courts must be adequately staffed, not just with judges but clerks, translators, and tech personnel.

4. Judicial Accountability and Ethics

We don’t talk about corrupt judges out of fear or misplaced reverence. But accountability is not disrespect—it’s the foundation of credibility.

An independent judicial conduct commission can investigate complaints, publish annual performance audits, and penalize unethical behavior. No judge should be above scrutiny.

5. Justice Must Be Accessible

Court fees, complex language, and distance from courts make the system feel alien to the poor and marginalized. Legal aid must be expanded and modernized.

Courts need to shed their elite image. Justice must feel like a public service—not an exclusive club for lawyers and litigants who can afford the wait.

 

What Reform Looks Like in Action

Reform doesn’t have to be abstract. Here’s what it could actually look like:

• A tenant in Delhi gets a verdict on a rent dispute in months, not years.
• A rape survivor in Jharkhand doesn’t have to face 50 hearings before getting justice.
• A judge’s performance is publicly available, like a report card.
• A tribal woman in Odisha can attend a virtual hearing without leaving her village.

In short: a system that works for people, not against them.

 

But Reform Needs More Than Lawmakers

Yes, the government must invest more. Yes, the judiciary must clean its house. But change won’t come unless we, the public, demand it.

Media needs to keep the pressure on. Law students should push for curriculum reform that teaches empathy, not just IPC sections. Civil society must amplify voices from the grassroots. And voters must hold leaders accountable for judicial neglect like they do for potholes or power cuts.

Because when justice fails, democracy doesn’t just wobble—it collapses.

At the end of the day, a country is not judged by how it treats its billionaires, but by how it treats its most vulnerable.

A strong, fair, transparent judiciary is the only thing that stands between us and chaos. Reform isn’t a fancy word anymore—it’s the oxygen our democracy needs.

That old man at Tis Hazari may not see justice in his lifetime. But if we act now, maybe his grandchildren won’t have to grow old in the same waiting room.

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