Adv. Salini T S, LLM
India’s judiciary, often described as the cornerstone of the world’s largest democracy, stands as the ultimate guardian of constitutional rights and the rule of law. It is the institution citizens turn to when executive overreach, legislative failures, or societal injustices threaten fairness and equity. Yet, in early 2026, this vital pillar faces an existential crisis marked by chronic shortages of judges, overwhelming case backlogs, prolonged detention of undertrials, and the infiltration of unqualified practitioners into the legal profession. With over 5.4 crore cases pending across courts and thousands of judicial posts vacant, the system risks collapsing under its own weight, eroding public trust and delaying justice for millions. Strengthening the judiciary through increased manpower and rigorous merit-based safeguards is not merely an administrative necessity—it is a national imperative to preserve democracy itself.
The Crisis of Vacancies and Overburdened Courts
As of February 2026, the Indian judiciary operates with significant vacancies at all levels. Data from the Department of Justice indicates two vacancies in the Supreme Court, while High Courts face approximately 308 unfilled positions against a sanctioned strength of 1,122 judges. In district and subordinate courts—the backbone of India’s justice delivery system where the majority of cases are handled—thousands of posts remain vacant, with historical figures hovering around 5,000 against a sanctioned strength exceeding 25,000.
These gaps are not abstract statistics; they translate into real human suffering. Existing judges are overburdened, handling caseloads far beyond reasonable limits. In High Courts like Allahabad, Bombay, Punjab & Haryana, and Calcutta, operational strength often falls well below sanctioned levels, leading to adjournments and delays. The result is a vicious cycle: fewer judges mean slower disposals, which in turn inflate pendency.
The National Judicial Data Grid (NJDG) paints a grim picture of this pendency. As of January 2026, over 5.4 crore cases remain unresolved across all courts, including more than 4.8 crore in subordinate courts alone. High Courts grapple with lakhs of undecided matters, while the Supreme Court contends with tens of thousands. Nearly 3.7 crore of the pending cases in lower courts are criminal in nature, exacerbating the plight of those awaiting trial.
The Human Cost: Undertrials Languishing in Limbo
Perhaps the most heartbreaking manifestation of this strain is the undertrial population. According to the latest available National Crime Records Bureau (NCRB) data and related reports up to 2023-2025, India’s prisons house over 5 lakh inmates, with undertrials comprising 73-77% of this number—roughly 4 lakh individuals detained without conviction. Many have spent years, even decades, behind bars due to delayed hearings, often for minor offenses they might never be convicted of.
Consider the narrative of countless undertrials: a daily wage laborer accused of theft, unable to afford bail, loses years of freedom and family income while his case crawls through an understaffed court. Delayed justice violates Article 21 of the Constitution—the right to speedy trial—and inflicts irreversible harm. Overcrowded prisons, already beyond capacity, breed further issues like health crises and recidivism. When the system fails to deliver timely verdicts, it denies justice and perpetuates inequality, disproportionately affecting the poor and marginalized.
Why Vacancies Persist?
The roots of this manpower shortage lie in structural inefficiencies. For Supreme Court and High Court appointments, the Collegium system—intended to safeguard judicial independence—often results in delays due to prolonged deliberations and executive-judiciary friction. Recommendations linger, leaving posts vacant for months or years.
In subordinate judiciary, recruitment falls to High Courts and state governments, hampered by infrequent examinations, outdated selection processes, low salaries, and lengthy training periods. Talented law graduates are deterred from judicial service, opting instead for lucrative private practice.
Compounding this is India’s abysmal judge-to-population ratio. As disclosed in Parliament in early 2026, India has only about 22 judges per million people—less than half the Law Commission of India’s 1987 recommendation of 50 judges per million. This ratio lags behind many nations and fails to account for India’s population growth and rising litigation. Without urgent scaling, even filling existing vacancies will prove insufficient.
The Threat of Fake Solicitors
The judiciary’s manpower crisis is exacerbated by a parallel threat: the proliferation of fake advocates. Unqualified individuals, armed with forged degrees or fraudulent enrollments, practice law, duping clients and clogging courts with incompetent handling.
The Bar Council of India (BCI) has acknowledged this menace, directing nationwide verification of advocates’ credentials in recent years. High-profile cases continue to emerge. In November 2025, the BCI removed an advocate enrolled with a fake law degree and flagged potential insider collusion. State councils have acted decisively: Delhi revoked licenses of over 100 lawyers with bogus qualifications, Telangana canceled nine in mid-2025, and similar actions occurred in other states, including reports from Kerala and the national capital.
These “fake lawyers” not only mislead vulnerable litigants—charging fees for substandard or unethical representation—but also waste judicial time with frivolous arguments and errors. Clients, often from modest backgrounds, suffer financial ruin and lost cases. The issue strikes at the profession’s integrity, regulated under the Advocates Act, 1961. Lax verification processes have allowed thousands to slip through, eroding confidence in the bar and bench alike.
Reform is Vital to Defend Democracy
A weakened judiciary imperils society. When cases drag on for decades—property disputes spanning generations, criminal appeals unresolved—it breeds disillusionment. Citizens lose faith in the rule of law, turning to extralegal means or apathy. Economic growth stalls as contracts remain unenforced and investments hesitate amid uncertainty.
More profoundly, the judiciary is democracy’s safety valve. When governments falter or lawmakers err, courts provide redress. If this last hope falters due to shortages and imposters, the social contract frays. Human rights—speedy trials, fair hearings, equal access—become hollow promises.
Pathways to Reform: Manpower and Merit
Addressing this requires bold, multi-faceted action:
Expedite Appointments: Impose strict timelines on the Collegium and executive processes. Public dashboards tracking vacancies and recruitment, as suggested by experts, would enhance transparency and accountability.
All-India Judicial Service (AIJS): Revive proposals for a centralized, merit-based recruitment system akin to the IAS. Recent parliamentary demands in 2026 underscore its potential to attract talent uniformly and reduce regional disparities.
Increase Sanctioned Strength: Align with the Law Commission’s 50 judges per million benchmark through phased expansions, coupled with better infrastructure like digital courts.
Rigorous Bar Regulation: Mandate digital verification of degrees, biometric enrollment, and periodic audits by the BCI. Swift disciplinary action against fakes, with criminal prosecution for forgery, is essential.
Alternative Mechanisms: Expand Lok Adalats, mediation, and fast-track courts to divert non-complex cases, freeing judges for substantive matters.
Incentivize Judicial Careers: Improve pay, working conditions, and training to draw top talent.
Justice should prevail with no delay
As India marches toward greater global prominence, its judiciary must evolve to match. The crises of vacancies, pendency, undertrials, and fraudulent practitioners are not insurmountable—they demand political will, judicial resolve, and societal support. Governments, the bar, and civil society must unite to fill posts, weed out imposters, and build a merit-driven system.
Justice delayed is justice denied, warned William Gladstone. In India today, delayed justice risks denying the very essence of democracy. By prioritizing manpower and merit, we can restore the judiciary as a beacon of hope—timely, impartial, and unassailable. The people deserve no less; the nation’s future depends on it.
*The author is an advocate in the High Court of Kerala, She can be reached @ 94959 59156
