The judiciary in 2026: pendency, technology, and reform debates

In late 2026, the most discussed fact about Indian courts is also the simplest: there are far more cases waiting than courts can decide quickly. Pendency means cases filed but not yet decided, and the total moves every day. The Law Ministry told the Lok Sabha in February 2026 that 5.39 crore cases were pending as of 31 December 2025, citing the National Judicial Data Grid (NJDG). A Rajya Sabha reply in July 2026 put the total at about 5.64 crore. Readers should therefore treat any single figure as a snapshot on a date, not a permanent total. Most pending cases sit in district and subordinate courts, with High Courts holding several million and the Supreme Court holding under one lakh — a small share in count, but the cases with the widest constitutional impact.

Why does pendency persist? Analysts point to several causes, and they disagree on weight: too few judges and courtrooms relative to filings, vacancies, adjournments, complex procedures, a large share of criminal and cheque-bounce cases, and the time needed for evidence and appeals. Reform proposals debated in public include filling vacancies faster, using fast-track and special courts for particular case types, encouraging mediation and Lok Adalats, setting case-management timelines, and discouraging frivolous or repetitive litigation. Supporters of each proposal claim it would free judicial time; critics warn that speed alone, without fair hearings, would harm justice.

Technology is the other major theme. The e-Courts Mission Mode Project, Phase III (2023–2027), was approved in September 2023 with an outlay of Rs. 7,210 crore. Government figures as of 30 June 2026 described digitisation of over 753 crore pages of court records, over 4.18 crore hearings through video-conferencing, more than 1.25 crore cases filed electronically, and a Digital Courts platform for paperless working. In 2026, courts also debated rules for artificial intelligence: draft Supreme Court regulations reported in June 2026 would bar AI from deciding cases and require disclosure of AI use by lawyers, while some High Courts adopted their own AI policies. Those proposals were still being debated, not settled law, at the time of writing — a useful reminder to check the current status before citing them.