JUSTICE DELAYED IS JUSTICE DENIED: PENDENCY OF CASES AS A VIOLATION OF FUNDAMENTAL RIGHTS UNDER THE INDIAN CONSTITUTION

The Indian judiciary has been one of the biggest working judicial systems, which remains an essential organ of the Indian democracy. The Indian judiciary is burdened with more than 5.25. crore pending cases, according to the IJ Report, 2025, whereas the judge- to-population has fallen to 15 per 10 Lakh persons. These numbers have been worsening, as the judicial institutions are not capable of keeping pace with the growing population. Whereas these huge numbers lead to the delay of more relevant and genuine cases, which get buried under their burden. The delay in hearing and trials straightaway violates the person’s right to a free and fair trial under Article 21. The Article delves deeper into the same issue, statistically backing the causes, discusses the various aspects of the issue, how it violates fundamental rights of people, what is the root cause behind this problem, and how it can be resolved. This article studies the issue with an analytical and doctrinal research of the constitutional provisions and relevant institutional realities. This article aims to establish the legitimacy of the ‘right to free trial’, as held and expounded in the case of Hussainara Khatoon, Abdul Rehman Antulay, etc. It also focuses on the decisional delay not just as a mere administrative flaw of an institution, but as a violation of constitutional rights. The root causes behind the issue are both structural and procedural. This problem has been acknowledged by the judiciary, but the existing resolutions lack the capacity to meet present needs. The article argues around the broader implications of the delay and pendency of the cases, which present a stark contrast to the protection and aspirations enshrined in the Constitution.