The Allahabad High Court, once a beacon of justice attended by luminaries like India’s first prime minister Jawaharlal Nehru, now faces an unprecedented challenge. It is struggling under the weight of over a million pending cases, making it one of the most overburdened courts in India.
This staggering caseload, spanning decades and covering everything from criminal matters to property and family disputes, has left countless individuals in Uttar Pradesh, India’s most populous state, in a state of prolonged legal uncertainty.
Take the case of Babu Ram Rajput, a 73-year-old retiree. He has been engaged in a property dispute for over thirty years, ever since he purchased land at an auction in 1992, only for the previous owner to contest the sale. To this day, the case remains unresolved. “I just hope my case is decided while I’m still alive,” Mr. Rajput shared, his voice tinged with weariness.
The Allahabad High Court’s predicament is a stark reflection of a larger crisis gripping India’s judicial system. A critical shortage of judges, coupled with a relentless influx of new cases, has led to crippling delays across the board. The court, designed for 160 judges, has historically struggled to fill these positions, operating with a significantly reduced workforce.
Compounding the issue are delays in police investigations, frequent requests for adjournments, and inadequate infrastructure. These factors collectively contribute to the immense backlog, stretching the system far beyond its capacity. Judges are often faced with hundreds, sometimes over a thousand, cases daily, leaving them with mere minutes to review each one. Consequently, many cases are never even properly heard.
Lawyers report that while urgent matters like bail pleas and eviction stays are prioritized, older cases are pushed further down the list, exacerbating the delays. Senior lawyer Syed Farman Naqvi explained that courts frequently issue temporary orders for urgent cases, but once the immediate crisis is averted, these matters tend to linger indefinitely as new cases continue to accumulate.
Retired judge Amar Saran described the judges’ approach as a “cut-grass approach,” where quick, standardized orders are issued, often involving directing the government or lower courts to handle the issue. This is a pragmatic response to an overwhelming workload, but it doesn’t address the root cause.
The severity of the delays was underscored earlier this year when the court addressed a rape and murder case that had been pending for over four decades. By the time the verdict was delivered, four of the five convicted individuals had passed away. The court acknowledged its regret for not reaching a decision sooner, ordering the sole surviving convict to surrender.
The sheer volume of pending cases has even led to legal action. A group of Allahabad High Court lawyers petitioned earlier this year for increased judicial appointments, describing the court as “paralysed” by the judge shortage that allows cases to languish for years.
The Supreme Court has also taken notice, expressing concern over the unpredictable nature of case listings at the Allahabad High Court, and describing the situation as a “complete collapse” of the system.
For citizens, especially those in Uttar Pradesh, these unpredictable hearing dates are a significant hardship. Many individuals travel hundreds of kilometers to reach Prayagraj, the court’s location, only to arrive on short notice for hearings that may not even take place.
Mr. Rajput, who travels from Kanpur, a 200km journey, spoke of the frustration. “I’m over 70,” he said. “I often learn just days in advance that my case is listed, making travel a hassle.” He shared that on many occasions, his case is not heard because other matters consume the entire court day.
To alleviate access issues and expedite hearings, lawyers have long advocated for additional high court benches in different cities. While an additional bench exists in Lucknow, a recommendation for more branches made back in 1985 has yet to be implemented. The state government reportedly urged the high court to establish another bench earlier this year, but the proposal was later withdrawn for unclear reasons.
While establishing new benches could offer long-term solutions, experts emphasize the immediate need for quicker measures, such as appointing more judges. However, the judicial appointment process is notoriously slow and complex, involving multiple stages of review by judges, state governments, federal governments, and the Chief Justice of India.
Experts note that identifying suitable candidates can be challenging, as chief justices appointed from outside the state may lack familiarity with local legal professionals, complicating the recommendation process. Rejections can occur at any stage, with names often remaining confidential until the Supreme Court forwards them to the government.
Last year, the Supreme Court recommended only one appointment for the Allahabad High Court, despite a substantial number of vacancies. While the appointment of 15 new judges this year offered some relief, retirements and transfers have left nearly half the positions still vacant. The recent submission of 26 more names to the government offers hope, but the ultimate impact on the enormous backlog remains to be seen.
Experts believe that even with a full complement of judges, the backlog is so substantial that each judge would still be managing over 7,000 pending cases. While the addition of 40 new judges this year, including 24 appointed recently, marks some progress, the persistent backlog continues to challenge the justice system.
Former Allahabad High Court Chief Justice Govind Mathur stresses the importance of deeper judicial reforms, suggesting a standardized policy for case hearing and disposal across the board, rather than relying solely on individual judges.
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