Justice on the Next Date: Understanding Delay in the Indian Judiciary

This research article examines the problem of judicial delay in India and its impact on the effective delivery of justice. It argues that delay is not caused by a single factor but results from judicial vacancies, inadequate infrastructure, frequent adjournments, procedural complexities, weak case management and excessive litigation. The article also distinguishes between pendency and actual delay, emphasising that the large number of pending cases must be understood alongside the reasons cases remain unresolved for long periods. It further explores the constitutional importance of speedy justice under Article 21 and highlights the human consequences of delayed justice, particularly for undertrial prisoners and economically weaker litigants. Finally, the article examines measures such as Alternative Dispute Resolution and technological reforms and argues that meaningful reform requires a broader, coordinated approach rather than simply increasing the number of judges.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-04
DOI
https://doi.org/10.5281/zenodo.23952548
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Justice on the Next Date: Understanding Delay in the Indian Judiciary

Priyanshi Mishra
Zenodo (CERN European Organization for Nuclear Research)
Judicial and Constitutional Studies
article

Justice on the Next Date: Understanding Delay in the Indian Judiciary

Priyanshi Mishra
article en

Abstract

This research article examines the problem of judicial delay in India and its impact on the effective delivery of justice. It argues that delay is not caused by a single factor but results from judicial vacancies, inadequate infrastructure, frequent adjournments, procedural complexities, weak case management and excessive litigation. The article also distinguishes between pendency and actual delay, emphasising that the large number of pending cases must be understood alongside the reasons cases remain unresolved for long periods. It further explores the constitutional importance of speedy justice under Article 21 and highlights the human consequences of delayed justice, particularly for undertrial prisoners and economically weaker litigants. Finally, the article examines measures such as Alternative Dispute Resolution and technological reforms and argues that meaningful reform requires a broader, coordinated approach rather than simply increasing the number of judges.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 5%
Judicial and Constitutional Studies
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