The Calcutta High Court faces a significant challenge with a substantial backlog of cases that have been pending for over 50 years. This places the court at the top of the list among High Courts in India with the highest number of such long-pending cases.
In early 2023, statistics revealed that 1,514 civil and criminal cases were pending in ten High Courts across the country for more than 50 years. Of these, the Calcutta High Court alone accounted for 1,192 cases. This was significantly higher than other High Courts, with Delhi High Court having 133 such cases, Madras High Court with 129, and Bombay High Court with 43. The remaining six High Courts on the list, including Patna, Gauhati, Punjab and Haryana, Uttarakhand, Kerala, and Odisha, had negligible figures, ranging from 1 to 5 cases each.
Union Law Minister Kiren Rijiju addressed the issue in Parliament, stating that the central government has no direct role in resolving the pendency of cases, as it falls within the judiciary's domain. He noted that the disposal of pending cases rests with the courts.
The Calcutta High Court has been grappling with a large number of pending cases for several years. A significant factor contributing to this backlog is the shortage of judges. In May 2022, the court was functioning with only 39 judges out of a sanctioned strength of 72. Although the Union Law and Justice Ministry announced the appointment of three additional judges, bringing the total to 42, this still leaves a considerable vacancy. Legal experts have emphasized the need to increase the number of judges to effectively address both the existing backlog and newly filed petitions.
As of early 2022, the Calcutta High Court had a total of 234,539 pending cases. Civil cases constituted the majority, numbering 197,184, while criminal cases awaiting disposal stood at 37,355. The High Court's primary seat is in Kolkata, with permanent circuit benches in Port Blair and Jalpaiguri. The Bar Association of Calcutta has expressed serious concerns about the situation, highlighting the difficulties in functioning effectively with such a significant shortage of judges. In the past, advocates have even resorted to ceasing work to protest the lack of judges and demand central intervention.
The judiciary has been making efforts to expedite the disposal of cases. The Supreme Court of India has been urging High Courts and subordinate courts to expedite cases through judgments, orders, and directives. However, the persistent shortage of judges in the Calcutta High Court remains a major impediment to reducing the backlog and ensuring timely justice.