Pendency in the Supreme Court: A mid-year review of 2026

Case pendency at the Supreme Court fluctuated significantly during the first half of the year, with small and large monthly shifts ultimately resulting in an increase of 1,486 cases since January 2026.

June closed at 94,314 pending cases, an increase of 1,885 cases compared to May 2026. This total marks the highest pendency the Court has seen so far this year.

Figure 1 tracks the number of cases from January to June 2026. The pattern remained inconsistent. The year started at 92,828 pending cases in January, and increased to 94,314 cases in June. February saw a net decrease of 826 cases, followed by an increase of 1141 cases in March 2026. 

Pendency steadily declined in April and May 2026, despite the Court being occupied with a nine-judge Constitution Bench throughout those two months. Figures in May even fell below the number recorded in January. 

Notably, an increase in pendency was expected in June, as the Court entered its Partial Court Working Days (PCWD). The Court was functioning at a reduced capacity with 32 judges hearing matters on a rotational basis during the month. Consequently, fewer benches were constituted and fewer matters were taken up during this period, while the filing of new cases continued.

Figure 2 indicates the half-yearly trends over the last five years, starting from 2022. 

Data from 2022 to 2026 indicates one consistent trend: the pendency slope tends to curve upwards in June. This is mainly due to the Vacation and PCWDs. Until 2024, the June period was termed as a “vacation” until it was rebranded. 

The increase in 8000 cases between 2022 and 2023 was driven by a change in counting methodology adopted during the tenure of Chief Justice D.Y. Chandrachud. The Court began including all diarised matters in the total count of its pendency.

2023, 2024 and 2025 did not see a drastic rise in pendency, which grew by 4045 cases between January 2023 and 2025. However, this stable trend changed in 2026, as the figure jumped by 10,383 cases between January 2025 and 2026, a surge primarily driven by the increase in cases that occurred during the second half of 2025.

Constitution Bench pendency

Figure 3 displays the pending Constitution Bench matters in June 2026 (orange). It also shows the total pendency in 2024 (red) and 2025 (green). Notably, June 2024 had the highest number of pending cases across five, seven, and nine-judge matters. 

As of June 2026, there are 22 five-judge, five seven-judge and two nine-judge bench matters remaining pending. Five-judge bench pendency increased by four cases as compared to June 2025. June 2024 had 36 five-judge matters pending. 

Seven-judge pendency remained unchanged at five cases. Notably, this is three less than the docket in June 2024. 

Nine-judge matters, currently at two cases, have been significantly reduced compared to June 2024 where the backlog stood at seven cases. Notably, judgement has been reserved in both of these pending nine-judge matters—the definition of “industry” and the Sabarimala Review. Once these judgements are delivered, there will be no pending nine-judge matters in the Supreme Court.

4149 instituted, 1514 disposed of

Figure 4 shows that disposals dropped to their lowest in June 2026 at 1,514. This is mainly due to the Court functioning at partial capacity during the PCWDs. While overall disposals dropped, as we noted in our newsletter, the Court delivered more judgements in June 2026 as compared to June 2025. 

Notably, disposals have surpassed institutions three times this year— in February, April and May, causing pendency to drop during these months. When more cases are disposed of than instituted, it effectively means that the Court is clearing cases from the backlog faster than the new cases are being filed. 

Institution and disposal trends since 2022 

Figures 5 and 6 and display the institution and disposal of cases in the first half of the year since 2022. 

The institution trends show that litigation behaviour has changed as each year progresses, indicating that more litigants approach the Court every year compared to the year before. In 2022, the year started with less than 2000 flings per month. By 2026, those monthly institutions had increased to over 6000 cases a month. Notably, 2026 has seen the highest institution of cases as compared to the previous years, a figure that serves as a commentary on the accessibility of the Supreme Court.

In his paper, Structure Matters, Nick Robinson wrote that the Indian Supreme Court is one of the “most accessible highest courts in the world”. This is mainly due to how the Court is designed. Apart from its original jurisdiction, the Court accepts appeals from High Courts. Article 136 grants the Court broad discretion to grant special leave to appeal. The Special Leave Petition or SLPs now crowd the docket. With institutions increasing each year, this constitutional design has resulted in an overburdened Court. Recently, an Ordinance increased the sitting strength of the Court to 38 judges as a response. However, there is no discernible trend to prove that higher working strength affects case disposals. 

The pattern does not entirely replicate for disposal trends. However, 2026 has still seen some of the highest disposals so far, much of which occurred before the expansion of the sitting strength. Notably, June 2026 recorded the most disposals made in the month of June since 2022. This suggests that the PCWDs were significantly more active compared to the previous years.