Supreme Court Backlog Peaks at 92,318 Cases – Calls for a Separate Constitutional Court

Overview In 2016 , three judges of the Supreme Court of India raised a self‑reflective question: had the apex court become a repository for ordinary appeals while its core constitutional role faded? A decade later, the court’s docket shows why the concern matters. By the end of 2025 , the court was handling 92,318 pending cases , the largest backlog ever recorded, exceeding the previous year by nearly 10,000 cases. Key Developments 2016 – Judges framed 11 questions about the court’s functioning and referred them to a larger Bench . The reference remains unresolved. 2025 – Pending caseload reaches 92,318, indicating that the growth rate of filings outpaces any realistic increase in the number of judges. Proposal – Create a lean Constitutional Court of about 11 judges in Delhi, dedicated to constitutional matters, while establishing four to five regional Courts of Appeal for routine cases. Important Facts The current pending cases figure reflects a backlog that no mere increase in judges can clear quickly. The suggested model separates constitutional adjudication from ordinary appeals, ensuring that matters shaping the Republic receive focused attention. The proposed Constitution would thus be interpreted by a dedicated, smaller bench, while the bulk of civil and criminal appeals move to the new regional courts. UPSC Relevance This debate is central to GS Paper II (Polity) . Understanding the structure and efficiency of the judiciary helps answer questions on judicial reforms, separation of powers, and the protection of constitutional values. Aspirants should note how backlog affects access to justice, the rule of law, and the credibility of democratic institutions. Way Forward Legislative action is required to amend the Constitution or pass a law establishing the Constitutional Court and the regional Courts of Appeal . A clear jurisdictional demarcation will speed up disposal of ordinary cases, reduce the backlog, and preserve the apex court’s role as the guardian of the Constitution . Monitoring the implementation and impact of such reforms will be essential for future policy analysis.