In charts: What is jamming the wheels of justice?

Over 50 million cases were pending in district and high courts in 2024, and a significant portion of these cases has been stuck for more than five years. This is further compounded by a shortage of judges, with 33% vacancies in high courts and 21% in subordinate courts. Women’s representation in the justice system is minuscule and it will take over a century to fill the gap. While representation of other backward classes (OBCs) in the courts is satisfactory, several states are struggling to fill the quota for scheduled castes (SCs) and scheduled tribes (STs). Moreover, the prison system is stretched with inmate overpopulation and a high share of undertrials waiting for their day in court.

The study, which analysed 102 indicators across six themes—budget, infrastructure, human resource, workload, diversity and trends (or intention to improve)—for police, prisons, the judiciary, and legal aid using government statistics, showed that the southern states are better at delivering justice even as some shortfalls are visible.

“The problems of overall capacity deficits, impossible arrears, overfull jails, and inadequate avenues of legal redress have culminated in creating a ‘wicked problem’– multifaceted, deeply challenging, and inviting no single definite pathway to a complete solution," the report said.

India’s ailing justice system will require policy reforms along with technological adoption and advancement, increased public awareness, sustained effort to increase awareness and a holistic approach to address the complex social and economic inequalities.  The study was conducted by a group of civil society organizations comprising DAKSH, Commonwealth Human Rights Initiative, Common Cause, Centre for Social Justice, Vidhi Centre for Legal Policy and TISS-Prayas.

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State of states

Southern states led the overall justice rankings among 18 large and mid-sized states (population above 10 million), showcasing better performance in most segments. Karnataka delivered a balanced performance across all four pillars--police, judiciary, prisons, and legal aid--while Andhra Pradesh stood out for its strong police infrastructure. However, Telangana and Tamil Nadu struggled to provide adequate legal aid despite their high rankings. Kerala led the rankings in judicial performance but had the weakest police infrastructure among the top five states. West Bengal, Uttar Pradesh and Uttarakhand were the worst performers.

The scores and the rankings were measured on the basis of 102 indicators across six themes—budget, infrastructure, human resource, workload, diversity and trends (or intention to improve)—for police, prisons, the judiciary, and legal aid.

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Long way to go

Women remain vastly underrepresented across the justice system, with a marginally higher share seen at the lower levels. In 17 of the 18 states analysed, women made up less than 10% of the police force—a gap that reflects a wider pattern across both police and judiciary. While some progress is visible, it is uneven and slow. At the current pace, Andhra Pradesh and Bihar may achieve 33% women representation in the police force (mandated by the Centre) in about three years. But for states like Karnataka and Jharkhand, it could take over 100 years—making gender parity in justice a distant goal.

Docket drain

Delivery of justice may not be possible without efforts to reduce inequality based on caste, a system which has ailed the Indian society. Karnataka stands out as the only state to have fully met its quotas for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in the district courts. States like Tamil Nadu and Telangana have made partial progress, fulfilling some of their reserved category quotas, but many, including West Bengal, have failed to meet any. 

This lack of representation comes amid a broader capacity crisis in the judiciary. India currently has only about 16 judges per million people—far below the 1987 Law Commission’s recommendation of 50— in district and high courts. The shortage is more pronounced in some regions: West Bengal fares the worst among subordinate courts, while Kerala has the weakest judge-to-population ratio among all states.

Justice jitters

As legal cases drag on for decades, hundreds of thousands of undertrials are left in limbo—denied timely justice and the right to due process. One in four high court cases has been pending for over 20 years, a stark reflection of deep-rooted inefficiencies in the system. This crisis is mirrored in the country’s overcrowded prisons, where 76% of inmates are undertrials—people who haven’t been convicted—up from 66% in 2012. Even more troubling is the sharp rise in prolonged detentions, with the share of undertrials jailed for over five years more than tripled in the last decade.

While there are deficits in the system in terms of vacancies, training budget, and overcrowding, some progress has also been made with CCTV cameras, women’s helpdesks and the share of women in the district judiciary. However, India still has a long way to go.

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