Legally India’s Pendency Project made its debut in Mint today, after pending Supreme Court cases in November 2011 reached the highest number ever after increasing by more than 800.

57,225 cases are now pending in the apex court – in May 2007 that figure was 41,730, according to data released on the Supreme Court website (see graph left).

As against last month, 843 cases were added to the Supreme Court’s pending cases tally (see graph below).

A total of 7,360 new cases flooded into the apex court, which only managed to dispose of 6,518 (see graph right).

Most worryingly, perhaps, the number of cases pending for longer than one year increased by 935 to 32,980 – making up 58 per cent of all pending cases at the highest level.

Legally India Supreme Court postcard columnist Court Witness commented: “Last month’s stats were boosted by a flurry of judgments delivered in time for Justice Raveendran’s retirement where he was on the Bench.”

“Another possible reason for wider gap could be that [Chief Justice] Kapadia hasn't been able to constitute 14 (or even 13) benches of two or more judges on all days. Many three-judge bench matters, which review the ‘correctness’ of two-judge bench decisions, need to be disposed of and he doesn’t have the full roster of 31 judges available,” said Court Witness.

“14 to 15 benches mean more cases will be listed, heard and disposed quicker instead of being re-allocated among the existing lot on a later date. A number of cases last months have been delayed by two to four weeks beyond the original date of listing simply because there were too many matters on the board for that judge.

“Further, because the Rules mandate that an SLP has to be listed within two weeks of filing, it means that fresh matters will be listed on priority over matters adjourned or matters where notice has already been issued.”

Court Witness predicted: “Some of this backlog will be wiped out in the beginning of the New Year when there will be one whole miscellaneous week, but could get exacerbated as Chief plans to set up a Constitution Bench of five judges to hear some important cases on the interpretation of the Arbitration Act in India.

“More disposal depends on whether we get at least two new judges on the bench by the end of the year to make up for the mass retirement (one quarter of the Supreme Court's strength) this year.”

Court Witness also quipped that Kapadia might be missing that “old nemesis of pendency” - Justice Katju – who retired several months ago.

Recently published Supreme Court figures and comments by Kapadia suggested that lawyers were partly to blame for the increasing pendency in all courts.

What would you do if you were Kapadia? Please share your views in the comments on how The Pendency Project can become successful.