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Report No. 79

VIII. Nature and Magnitude-statistics

1.39. Comparison of pendency at the end of 1977 with pendency at the end of 1972.-

The nature and magnitude of the problem will be further appreciated if the position regarding arrears in the High Courts in 1977 is noted. It would appear that in the country as a whole,1 the pendency of cases in the High Courts at the end of 1977 was much higher than the pendency at the end of 1972. High Court-wise also, when one contrasts the pendency at the end of 1977 with Pendency at the end of 1972, the trend is found to be upward excepting in four High Courts, namely, Andhra Pradesh (18.6% declined). Gujarat (6.7% decline). Calcutta (8.10% decline) and Orissa (6.6% decline). The percentage mentioned for these four High Courts represents a decline, and not an increase.

1. Department of Justice figures.

1.40. Quantum of increase in pendency.-

The increase of pendency at the end of 1977 over the pendency at the end of 1972 is-

(a) more than 50% in the case of nine High Courts and

(b) less than 50% but more than 20% in the case of three High Courts. The exact percentages are given below alphabetically.1-2

1. Figures for Sikkim High Court are not given in this case.

2. Based on figures given in Department of Justice letter No. 36 /1 / 78-Jus(M), dated 2-6-78, Table XII. Comparison of pending cases in the High Courts on 31-12-77 with those pending on 31-12-72

S.No.

Name of the High Court

Pending on 31-12-1972

Pending on 31-12-1977

Percentage of increase or decrease

1.

Allahabad

78617

1,32,749

68.9

2.

Andhra Pradesh

19527

15887

-18.6

3.

Bombay

41442

52592

26.9

4.

Calcutta

78820

72448

-8.1

5.

Delhi

16561

26587

60.5

6.

Gauhati

5796

6548

12.9

7.

Gujarat

12560

11722

-6.7

8.

Himachal Pradesh

1564

5019

220.9

9.

Jammu & Kashmir

1726

4677

171

10.

Kerala

29353

42739

45.6

11.

Karnataka

10727

36449

229.7

12.

Madhya Pradesh

20653

46613

225.7

13.

Madras

32678

51763

58.4

14.

Orissa

6470

6042

-6.6

15.

Patna

23704

29435

24.2

16.

Punjab & Haryana

25150

46069

83.2

17.

Rajasthan

13359

10558

53.9

18.

Sikkim

..

21

..

Total in the country

4,10,707

6,07,918

+48.0

1.41. Actual percentage of increase during all the five years.-

Taking the actual percentage of increase every year, during the five-year period-1973 to 1977-it would appear that the percentage has been fluctuating. High Court-wise, the percentage change in pendency at the end of the year all the five years, over the pendency of the previous year is as follows.1

1. Department of justice letter No. 36/1/78-Jus(M), dated 2-6-78, Table II.

Pendency at the end of each year from 1973 to 1977 and percentage change in pendency over the previous year in the High Courts in India

SI. No.

Name of the High Court

Percentage change in pendency previous year over the pendency of previous year

31-12-73

31-12-74

31-12-75

31-12-76

31-12-77

1

2

3

4

5

6

7

1.

Allahabad

+13.9

+6.9

+13.8

+10.2

+10.6

2.

Andhra Pradesh

+7.7

+12.3

-16.4

-27.2

+10.4

3.

Bombay

+8.9

+1.9

+4.3

+4.4

+5.0

4.

Calcutta

-6.0

+3.5

+8.9

+2.4

-5.7

5.

Delhi

+19.1

+3.9

+8.3

+3.2

+14.4

6.

Gauhati

-9.2

+0.5

+18.9

-1.6

+5.8

7.

Gujarat

-3.5

+2.0

+2.6

-3.1

-4.6

8.

Himachal Pradesh

+20.4

+29.6

+33.5

+35.6

+13.7

9.

Jammu & Kashmir

+33.7

+14.9

+9.5

+32.4

+21.6

10.

Kerala

4.3

-5.5

+16.9

+27.5

-10.9

11.

Karnataka

1.1

+17.1

+32.6

+48.2

+49.2

12.

Madhya Pradesh

+37.6

+24.1

+10.7

+9.4

+9.1

13.

Madras

+5.1

-0.9

+12.9

+9.5

+23.0

14.

Orissa

-9.3

+2.2

-0.1

-0.5

+1.3

15.

Patna

+6.2

+3.9

-2.1

+20.4

+7.5

16.

Punjab and Haryana

+0.7

+14.2

+12.0

+34.4

+5.8

17.

Rajasthan

+16.3

+4.3

+21.1

+3.2

+1.5

18.

Sikkim

..

..

..

+100.0

-40.0

Total in the country

+7.0

+5.9

+9.7

+10.5

+8.4

1.42. Percentage of increase from 1973 to 1977.-

It would appear1 that for the years 1973 to 1977, the increase in the whole country of arrears in the High Courts in terms of percentage is as follows:

1973

(increase in pendency at the end of 1973 over pendency at the end of 1972).

7.00%

1974

5.90%

1975

9.70%

1976

10.50%

1977

8.40%

1.43. Sample figures.-

It would be tedious to give the figures of such increase during the five year period (1973 to 1977) for every High Court.

1.44. Actual Pendency. One may also obtain a rough picture of the state of arrears1 by mentioning that at the end of the year 1977, the total pendency of cases in the High Courts was 6,07,918 (comprising 4,97,172 main cases and 1,10,746 miscellaneous cases). In contrast with the figures of cases pending at the beginning of the year 1977, this increase represents an increase in pendency of 7.7 per cent. in the case of main cases and 11.7 per cent. in the case of miscellaneous proceedings. The highest number of cases pending as at the end of 1977, was in Allahabad (1,32,749), followed by Calcutta (72,448). Bombay (52,592), Madras 51,763), Madhya Pradesh (46,613), Punjab and Haryana (46,069) and Kerala (42,739).2

1. For discussion of recent figures, see paras. 3.2 and 3.3

2. Department of Justice letter No. 36/1/78-Jus(M) dated 2nd June, 1978, para. 1 (II), p. 3.

1.45. Three principal characteristics of arrears.-

From the above sample about arrears, three characteristics of arrears stand out. IN the first place, speaking chronologically, arrears, in the sense of increased pendency at the end of the years, has been continuous for the years represented by 1973-19771. In the second place, speaking numerically, the rate of, arrears itself2 has varied from year to year. Lastly, speaking territorially,3 the arrears are of an all-India extent, in the sense that they are not confined to only a few High Courts. With a few exceptions, arrears are found in all High Courts, though the rate of increase and the magnitude may vary from State to State.

1. Para. 1.42, supra.

2. Para. 1.42, supra.

3. Paras. 1.40 and 1.42, supra.



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