Law ministry plans scheme for evening courts in districts to cut backlog | Latest News India

BHUBANESWAR: The Union law ministry is planning to roll out 785 evening courts that will operate in existing court premises after regular hours in an effort to address the massive backlog of cases clogging district courts across the country.

These courts would focus on handling minor criminal cases, summary trials, property disputes of lesser value and cheque dishonour cases where the punishment is up to three years of imprisonment, according to a concept note prepared by the ministry and circulated to all states last month.

HT has reviewed the document.

According to the note, the evening courts would function between 5 pm and 9 pm on working days. They will operate with the existing court infrastructure, thereby maximising the use of court premises that remain underutilised after regular court hours.

To man these courts, the ministry proposes to engage retired district judges who have superannuated within the past three years. These judges would be appointed on a contractual basis for a period of three years and will receive 50% of their last drawn salary, along with applicable dearness allowance (DA). Similarly, retired court staff may also be re-engaged on the same terms.

“The proposed evening courts may hear minor criminal cases that have been pending for over three years and are suitable for summary disposal,” said a senior official of the Odisha law department, requesting anonymity.

“These would initially include cases punishable with imprisonment of up to three years, and subsequently, those with imprisonment terms extending up to six years. Summary trials under Section 260 of the CrPC, 1973, or Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2024, cheque dishonour cases under the Negotiable Instruments Act, public nuisance matters, and minor property disputes will also be taken up,” the official added.

The initiative aims to significantly reduce pendency by focusing on cases that do not require prolonged hearings, allowing regular courts to concentrate on more complex matters. “Many of these cases involve similar legal issues and can be disposed of quickly. Dedicated evening courts will help restore public faith in the judicial system and alleviate frustration among litigants,” the official noted.

The concept note draws inspiration from Gujarat’s pioneering model, where evening courts were introduced in 2006 and later expanded to include morning and evening family courts in 2014.

India’s district judiciary is currently facing an overwhelming backlog of 4.60 crore cases as per the National Judicial Data Grid Portal (as of February 2025). This includes 1.09 crore civil and 3.5 crore criminal cases. Notably, 44.55% of these cases have been pending for more than three years, underscoring the urgent need for intervention. In Odisha alone, 14,225 criminal cases remain pending in district courts as of the end of March 2024.

One of the key contributors to this backlog is the acute shortage of judicial officers. According to data released by the Supreme Court in 2024, the sanctioned strength of judicial officers across states and union territories is 29,221, while the working strength is only 21,165—a shortfall of 7,984 officers, translating to a 27.32% vacancy rate. This has overburdened the existing judiciary, delayed case disposals, and led to mounting dissatisfaction among litigants.

While long-term reforms such as filling judicial vacancies, expanding court infrastructure, promoting ADR (Alternative Dispute Resolution), and streamlining court processes remain essential, they require significant time and resources. In the interim, optimising available human and infrastructural resources through initiatives such as evening courts becomes vital to curbing rising pendency at the district level.

Officials in the Odisha law department said the proposed centrally sponsored scheme, intended to run for three years, entails an annual expenditure of ₹333.04 crore, with the Centre contributing ₹226.97 crore. As per the usual fund-sharing ratios for centrally sponsored schemes, the Centre will bear 60% of the cost in most states. For North-Eastern and hill states such as Himachal Pradesh and Uttarakhand, the ratio will be 90:10, while in Union Territories, the entire cost will be covered by the Central Government.

Currently, the Centre provides financial assistance to states and UTs under two other schemes — the fast-track courts scheme and the centrally sponsored scheme for judicial infrastructure (CSS) — to supplement their resources.

Under the proposed framework, principal district and sessions judges will be responsible for overseeing case allocation, utilisation of judicial and administrative staff, and monitoring case disposal rates. High courts will be empowered to determine the districts where evening courts will be established, based on prescribed norms and local requirements, and will have the discretion to modify procedural guidelines as necessary.

At the State/UT level, quarterly review meetings between the government and the respective high courts will assess the effectiveness of the evening courts, as per the concept note. At the national level, the department of justice will conduct annual evaluations based on performance indicators and best practices reported by high courts and state/UT governments.

According to the scheme, implementation of the initiative will take place in two phases — a six-month preparatory phase followed by a six-month full implementation phase. Each district where more than 15% of criminal cases have been pending for over three years will receive at least one evening court under the scheme.