India’s judicial system is facing a serious backlog of cases, with over 4.8 crore cases pending across various courts. Many cases have been pending for decades, highlighting the urgent need for judicial reforms.

Pendency Across Courts

• Supreme Court: Approximately 82,500 cases are pending, with around 50% over a year old.

• High Courts: About 60 lakh cases are pending, with 55% over a year old. Notably, Allahabad and Bombay High Courts together account for over 17 lakh pending cases.

• District Courts: Around 4.8 crore cases are pending, with about 59.76% over a year old.

Top States by Pendency: Uttar Pradesh, Maharashtra, Bihar, West Bengal, and Rajasthan.

Casewise Distribution:

• Civil Cases: 1.1 crore pending; 56.91% over a year old

• Criminal Cases: 3.7 crore pending; 60.62% over a year old

• Pre-litigation Matters: 13 lakh pending; 52.37% over a year old

Key Reasons for Judicial Backlog

1. Shortage of Judges

• India has only 21 judges per million people, much below the recommended 50 judges per million.

• Approximately 30% of High Court posts and 20% of District Court posts are vacant.

• Bench strength is insufficient, with only 34 judges handling over 70,000 new cases annually.

2. Low Case Disposal Rates

• In a recent month, only 12.8 lakh cases were disposed, whereas nearly 20 lakh cases were filed.

• Slow disposal contributes significantly to the growing backlog.

3. Procedural Delays and Inefficiencies

• Frequent adjournments, Special Leave Petitions (SLPs), and poor documentation cause delays.

• Many courts rely on manual processes and have inadequate automation.

• Delays in judge appointments from collegium recommendations exacerbate the problem.

4. Infrastructure Deficits

• Many courts lack basic amenities, digital tools, and sufficient staff.

• Incomplete digitization and poor inter-court data synchronization slow down justice delivery.

5. Limited Use of Alternative Dispute Resolution (ADR)

• Lok Adalats, mediation, and other ADR mechanisms are underutilized, leading to unnecessary pendency.

6. Pandemic-Related Backlog

• COVID-19 lockdowns contributed an additional over 3 million pending cases between 2020 and 2022.

Impacts of High Pendency of Cases in India

1. Economic and Business Disruption

• A slow judiciary negatively affects economic growth, as investors hesitate to invest where contract enforcement takes over four years on average.

• According to the World Bank’s Ease of Doing Business Index, India performs poorly in “Enforcing Contracts.”

• Economic growth cannot be sustained if the rule of law moves slower than markets.

2. Justice Delayed is Justice Denied

• Prolonged litigation erodes the credibility of the legal system.

• Both victims and accused suffer from uncertainty and psychological stress due to delayed justice.

3. Vulnerable Groups Affected

• Women: 8% of pending cases are filed by women.

• Senior Citizens: 7% of pending cases involve senior citizens.

4. Strain on Judicial Resources

• Judges are unable to spend sufficient time on complex cases, leading to a decline in the quality of judgments.

5. Cycle of Litigation

• The government is the largest litigant, contributing to nearly 50% of all cases.

• This creates a vicious cycle where new cases outnumber disposals, worsening the backlog.

Reform Measures

1. Digital and AI Initiatives

• eCourts Phase III (2023–2027): Introduces unified case data and AI-based case listing systems.

• AI Projects:

  • SUPACE (Supreme Court): AI-assisted case management

  • SUVAS: AI translation tool to reduce human workload

2. Infrastructure Development

• National Judicial Infrastructure Authority (NJIA): Streamlines funding and construction of court complexes.

• Virtual Hearings Expansion: Continues in the Supreme Court and 25 High Courts post-pandemic.

3. Fast-Track and Specialized Courts

• 1,023 Fast-Track Courts operational nationwide, primarily for women and child-related cases.

Way Forward

1. Judicial Efficiency and Contract Enforcement

• Judicial speed must match India’s economic ambitions.

• Appeals should be restricted to cases involving substantial legal or constitutional questions, preventing higher courts from being clogged.

• Comparative models, such as in Singapore and the UK, show that efficiency and fairness can coexist.

2. Bar Council and Legal Profession Reforms

• Bar Council of India (BCI) reforms are necessary to ensure merit-based opportunities instead of reliance on connections.

• Indian Judicial Service (IJS): Could democratize opportunities for young professionals.

• Advocates (Amendment) Bill, 2025: Proposed accountability through limited government representation but was rejected, highlighting the need for reform.

3. Fairness for Junior Advocates

• Mandatory stipends and apprenticeship contracts should be institutionalized.

• Whistle-blower protections and POSH compliance must be universal.

• An independent Grievance Redressal Tribunal should replace politically influenced bar mechanisms.

• Legal Profession Regulation Bill: Needed to standardize pay structures, continuing legal education, audits of Bar Councils, and Senior Advocate designations.

4. Procedural Reforms to Reduce Delays

• Adjournments should be limited and justified.

• Accountability for delayed judgments must be enforced.

• AI-based case clustering and digitized docket management should replace manual processes.

The Vanashakti case was filed by the environmental NGO Vanashakti, challenging the legality of retrospective (post-facto) environmental clearances (ECs) granted to industrial and construction projects. The petition particularly targeted projects in eco-sensitive zones (ESZs) surrounding the Tungareshwar Wildlife Sanctuary and parts of the Western Ghats corridor. These clearances were argued to undermine the principle of prior environmental assessment, as mandated under the Environment (Protection) Act, 1986 and the EIA Notifications of 1994 and 2006.

Original May 2025 Judgment

In May 2025, the Supreme Court of India delivered a ruling with the following key outcomes:

• Reinforcement of Prior EC Requirement: The Court declared that no project can start without obtaining prior environmental clearance, making post-facto ECs illegal.

• Invalidation of Government Notifications: The judgment struck down government mechanisms that allowed retrospective ECs, including:

  • MoEFCC 2017 Notification: Allowed violators to apply for retrospective clearance within six months.

  • Office Memorandum 2021: Extended the period for violators to regularize breaches by paying penalties.

• Reasoning: The Court emphasized that retrospective clearances defeat the preventive purpose of environmental law, which is intended to prevent ecological harm before it occurs, rather than accommodating it after the fact.

Recent 2025 Revisit by the Supreme Court

Recently, the Supreme Court revisited the May 2025 judgment in a 2:1 majority decision, allowing the possibility of retrospective environmental clearances, citing public interest as justification.

Implications of the Revisit:

• Weakening of Preventive Principles: The decision undermines the core principle of prior environmental assessment.

• Dilution of Enforcement: Projects that violate environmental regulations can now legally regularize their actions, reducing accountability.

• Long-term Ecological Risk: Retrospective ECs may compromise sustainability and weaken the deterrent effect of environmental law.

Significance

The Vanashakti case highlights the tension between environmental protection and retrospective leniency. While the Court’s recent decision may address short-term economic or public interest considerations, it weakens the effectiveness of India’s environmental governance and opens the door for future violations to be legitimized retroactively

Recent Reversal by the Supreme Court

A three-judge bench of the Supreme Court of India recently revisited the Vanashakti ruling. The Court held that “judicial restraint must be exercised in matters of policy implementation where statutory frameworks already exist,” while emphasizing that ecological protection remains crucial.

Key points of the reversal:

• Restoration of Certain Environmental Clearances: ECs that complied with EIA norms post-2020 were reinstated, provided that projects include biodiversity offset measures and annual ecological audits.

• Monitoring Mechanism: Restoration and monitoring directives remain in force but are now under the oversight of the MoEFCC’s Central Empowered Committee (CEC) instead of an independent state committee as previously proposed.

Justice Bhuyan’s Dissent

Justice Bhuyan dissented, emphasizing the spirit of environmental law:

• Preventive Principle: Environmental laws are designed to anticipate and prevent harm, not excuse violations after the fact.

• Judicial Progress: He warned that replacing preventive scrutiny with retrospective regularization undermines decades of judicial advances in environmental protection.

• Reference to Past Judgments:

  • Common Cause vs Union of India (2017): Retrospective ECs are detrimental to the environment.

  • MC Mehta cases: Reaffirmed that prior approvals are mandatory, even for project renewals.

Environmental Regulation in India

Legal and Institutional Framework

1. Environment (Protection) Act, 1986: Provides the central government authority to take comprehensive measures for environmental protection.

2. Air (Prevention and Control of Pollution) Act, 1981 & Water (Prevention and Control of Pollution) Act, 1974: Establish regulatory bodies such as the Central and State Pollution Control Boards.

3. Forest (Conservation) Act, 1980 & Wildlife Protection Act, 1972: Govern forest management and biodiversity conservation.

4. EIA Notification, 2006: Mandates environmental impact assessments for large-scale projects.

Key Agencies:

• MoEFCC: Nodal agency for policy-making and implementation.

• National Green Tribunal (NGT): Specialized judicial body for environmental disputes.

Judicial Oversight and Recent Shifts

• Constitutional Basis: Right to a clean and healthy environment is part of Article 21.

• Principles Recognized by Courts:

  • Precautionary Principle – acting in advance to prevent environmental harm.

  • Polluter Pays Principle – violators bear the cost of damage.

  • Intergenerational Equity – protecting resources for future generations.

  • Sustainable Development – balancing development and ecological protection.

Recent Shift: While the Supreme Court has historically emphasized preventive scrutiny and accountability, the recent reversal reflects a trend towards leniency and policy deference, especially where statutory frameworks exist, albeit with conditions like ecological audits and biodiversity measures.

Implications of the Review Judgment

Weakening of the EIA Process

The review judgment risks reducing public hearings and expert reviews to mere formalities, stripping the Environmental Impact Assessment (EIA) process of its preventive power.

Normalization of Violations

Project proponents may begin to ignore EC requirements, anticipating that any violations can later be regularized through fines, creating a culture of non-compliance.

Regulatory Paralysis

The state’s authority to enforce environmental laws is weakened, and the deterrent effect of regulatory oversight diminishes, reducing accountability.

Crisis of Judicial Credibility

The reversal could undermine public faith in the Supreme Court’s commitment to environmental justice and the rule of law.

Other Implications

• Revisits the role of High Courts in enforcing ecological norms beyond statutory limits.

• Highlights the tension between judicial oversight and policy implementation, particularly in balancing conservation and development.

• May influence pending cases related to mangrove protection and eco-sensitive zone (ESZ) notifications across India.

• Signals a shift toward centralized ecological governance, reducing the leverage of NGOs in regional environmental litigation.

Conclusion

The Supreme Court’s review in CREDAI vs Vanashakti represents a regressive moment in India’s environmental jurisprudence. It signals that economic expediency may take precedence over ecological prudence, eroding decades of progress in building a preventive and participatory environmental regime.

The Enforcement Directorate (ED) has issued notices to the Kerala Chief Minister in connection with the KIIFB (Kerala Infrastructure Investment Fund Board) Masala Bond investigation.

• This marks a significant escalation in the ongoing conflict between the LDF state government and central agencies over Kerala’s state financing model.

About Masala Bonds

• Definition: Masala bonds are rupee-denominated bonds issued outside India by Indian entities.

• Origin: The International Finance Corporation (IFC), part of the World Bank, issued the first Masala bonds in October 2013 as part of its $2 billion offshore rupee programme.

• Purpose: They allow Indian entities to raise funds from foreign investors in Indian rupees, with currency risk borne by the investor, not the issuer.

• Attractive Returns: To offset currency risk, these bonds often offer higher interest rates than in the investor’s home country.

• Issuers: Both government bodies and private companies can issue Masala bonds.

Who Can Invest?

• Investors Outside India: Any resident from countries that are members of the Financial Action Task Force (FATF) can invest.

• Eligible Entities: Individuals, institutions, financial organizations, and multilateral/regional financial institutions of which India is a member.

• Standards: Investments must adhere to internationally accepted norms for safe and fair investing, like those under IOSCO.

Maturity Period

• Smaller Bonds (up to USD 50 million): Typically 3 years.

• Larger Bonds: Up to 5 years, providing flexibility for investors.

Use of Funds

Funds raised via Masala bonds are generally for productive and regulated purposes:

• Infrastructure projects

• Affordable housing

• Refinancing rupee loans

• Corporate working capital

Restrictions: Funds cannot be used for buying land, stock market investments, or real estate projects without specific government approval.

The 14th edition of Exercise EKUVERIN is scheduled to take place in Thiruvananthapuram, Kerala.

About Exercise EKUVERIN

The word “Ekuverin” means ‘Friends’ in the Dhivehi language. The exercise was first conducted in 2009 and is one of the major joint military exercises between India and the Maldives. It is an annual bilateral exercise, held alternately in India and the Maldives.

The primary aim of Exercise EKUVERIN is to enhance interoperability between the armed forces of both countries while conducting counterinsurgency (CI) and counter-terrorism (CT) operations in semi-urban, jungle, and coastal terrains. The exercise also emphasizes the integration of niche technology, allowing both countries to share best practices and strengthen their commitment to regional peace and security.

Other Military Exercises Between India and Maldives

In addition to Ekuverin, India and the Maldives conduct other joint exercises, including:

• Ekatha: A bilateral military exercise.

• Dosti: A trilateral exercise that includes Sri Lanka, focusing on regional cooperation and joint training.

India-Maldives Relationship

India was among the first countries to recognize the Maldives after its independence in 1965 and to establish formal diplomatic relations. The two countries share deep historical, cultural, linguistic, religious, and commercial ties, reflecting a long-standing and friendly relationship.

India-Maldives Defence Cooperation and Bilateral Relations

India has historically been a key defence partner of the Maldives and often acted as the first responder during crises. This was evident during:

• Operation Cactus (1988): India intervened to prevent a coup attempt in the Maldives.

• 2004 Tsunami: India provided immediate assistance in relief and rescue operations.

India’s “Neighbourhood First” policy and the SAGAR (Security and Growth for All in the Region) vision underline its proactive approach to regional security and stability.

Defence Projects and Infrastructure Support

India has supported the Maldives in building defence infrastructure, including:

• Composite Training Centre (CTC): Established for the Maldives National Defence Force (MNDF).

• Coast Guard “Ektha” Harbour and Repair Facility: Built at Sifavaru in Uthuru Thila Falhu (UTF) atoll.

• Refit of Maldivian Coast Guard Ship Huravee (October 2023): Provided free of cost, reflecting mutual trust.

• Coastal Radar System: India installed 10 radar stations in the Maldives, funded with a USD 15.8 million Indian grant.

Training and Capacity Building

• India provides around 70% of the MNDF’s training needs.

• Over 1,500 MNDF personnel have been trained at various Indian defence academies.

• Bilateral Exercises:

  • Ekuverin and Ekatha (India-Maldives bilateral exercises)

  • Dosti (trilateral exercise including India, Maldives, and Sri Lanka)

• These exercises enhance operational synergy and interoperability between the forces.

Institutional Mechanisms

• Annual Defence Cooperation Dialogue (DCD): Initiated in 2016 at the Defence Secretary level to review and strengthen bilateral defence ties.

• The 5th DCD between India and the Maldives was held in New Delhi in September 2024.

India-Maldives Political Relations

• India was one of the first countries to recognize Maldives’ independence in 1965 and established its diplomatic mission in Malé in 1972.

• Both countries are founding members of SAARC and signatories to the South Asian Free Trade Area (SAFTA).

Trade and Economic Relations

• India and Maldives signed a trade agreement in 1981, boosting bilateral trade.

• In 2024, India extended USD 400 million support and a bilateral currency swap of Rs 3,000 crore to the Maldives.

• The State Bank of India also rolled over USD 100 million of Treasury Bills for the Maldives.

• India became the Maldives’ 2nd largest trade partner in 2022 and largest in 2023.

• Indian exports to Maldives: Engineering goods, pharmaceuticals, cement, agricultural products.

• Indian imports from Maldives: Mainly scrap metals.

• Visa-free entry for Indian business travelers (2022) further strengthened commercial ties.

• A framework to promote local currency usage for cross-border trade was finalized in 2024.

Tourism Relations

• Tourism contributes about 25% of the Maldivian GDP and nearly 70% of total employment (direct and indirect).

• India is the largest source of tourists to the Maldives, leading tourism contributions for 2020, 2021, and 2022.

• In March 2022, India and Maldives agreed to an open skies arrangement to improve connectivity and promote tourism.

The Prime Minister of India will inaugurate the year-long commemoration of 150 years of the National Song “Vande Mataram” in New Delhi.

About Vande Mataram

• Authorship: “Vande Mataram” was written by Bankim Chandra Chatterjee in a blend of Sanskrit and Bengali.

• Publication: It was first featured in his novel Anandamath in 1882, with the tune composed by Yadunath Bhattacharya.

• Significance: The song became a symbol of patriotism during India’s freedom struggle and continues to inspire national pride.

Historical Background

• Initially composed independently, “Vande Mataram” was later included in Anandamath.

• First Public Performance: Rabindranath Tagore first sang it at the 1896 Congress Session in Calcutta.

• Political Slogan: The phrase “Vande Mataram” was first used as a political slogan on 7 August 1905.

• International Symbolism: In 1907, Madam Bhikaji Cama raised the tricolour flag for the first time outside India in Stuttgart, Germany, with the words Vande Mataram inscribed on it.

• National Recognition: On 24 January 1950, the Constituent Assembly adopted Vande Mataram as the National Song of India.

Key Points

• Reverence: The National Song is held in equal respect to the National Anthem, though it is not mandatory to sing it on official occasions.

• Cultural Importance: It symbolizes India’s freedom struggle, patriotism, and national unity.

The Department of Telecommunications (DoT) has made it mandatory for all newly manufactured or imported mobile phones in India to come with the Sanchar Saathi app pre-installed.

About Sanchar Saathi

Sanchar Saathi is a security and awareness platform developed by the Department of Telecommunications (DoT). It is available both as a mobile app and a web portal.

• Purpose: The platform helps mobile users manage their digital identity, report suspicious activity, and safeguard their devices.

• It also provides educational material on telecom safety and cyber risks, making it a combined service-and-awareness system.

Key Features of Sanchar Saathi

1. ‘Chakshu’ Feature:

   • Users can report suspicious calls, SMS, and WhatsApp messages, such as fake KYC alerts, impersonation scams, or phishing links.

   • Helps authorities identify fraud patterns.

2. Report Spam and Unwanted Commercial Calls:

   • Users can report spam calls or messages that violate TRAI rules.

   • Complaints made within seven days can lead to action against the sender.

3. Report Malicious Links and Apps:

   • Enables reporting of phishing links, unsafe APKs, and fraudulent websites.

4. Checking Mobile Connections Linked to Your Identity:

   • Shows how many mobile numbers are registered using your identity, helping detect unauthorized SIM cards.

5. Blocking Lost or Stolen Phones:

   • Users can block the IMEI of lost or stolen devices, preventing misuse.

   • Devices can be unblocked if recovered.

6. Verifying Device Authenticity:

   • Users can validate the IMEI to check if a phone is genuine, useful when buying second-hand phones.

7. Reporting International Calls That Appear as Indian Numbers:

   • Allows reporting of cases where scammers make international calls appear as +91 calls.

8. Finding Local Internet Service Providers:

   • Users can check which wired internet service providers are available in their area by entering PIN code, address, or provider name.

9. Verifying Trusted Contacts and Helpline Numbers:

   • Provides a directory to confirm genuine customer-care numbers, emails, and websites of banks and other major institutions.