By Dilip Bobb
The backlog of cases in various courts, including the Supreme Court, has led to some disputes lasting 30 to 40 years—and in some cases, even longer. The oldest case is over 70 years old, and some have now become legendary for their longevity.
A Royal Dispute That Spanned Generations
The death of Arvind Singh Mewar of Udaipur last week represents not just the end of a royal era, but also one of the oldest cases pending before the Supreme Court. The case, Maharana Mahendra Singh Ji vs Maharaja Arvind Singhji, had been pending for almost 31 years.
It all started with the death of Maharaja Bhagwat Singhji, erstwhile ruler of Mewar, who died on November 3, 1984. His will transferred his entire property through a trust to his second son, Arvind, and named his daughter, Yogeshwari Kumari, as trustee—disinheriting his eldest son, Mahendra Singh, with whom he had been locked in a bitter feud. The will was kept confidential, raising questions about its legitimacy. Arvind assumed leadership of the royal house and its properties, including the famous Lake Palace (now a five-star hotel) and other assets worth hundreds of crores.
A Feud That Refused To Die
Mahendra Singh decided to contest the matter in court. At the core of the legal dispute was the Udaipur City Palace, a 16th-century architectural marvel. The case dragged on for over 30 years and is still causing friction between the remaining heirs of the ruling family.
When Mahendra Singh passed away, Arvind Singh and his son, Lakshyaraj Singh, did not attend the funeral, highlighting the deep family rift. Despite this, former nobles loyal to Mahendra Singh supported his son Vishvaraj Singh’s coronation at Fateh Prakash Palace in Chittorgarh fort.
The coronation’s legitimacy was contested by Arvind Singh, who issued public notices warning against unauthorized entry into the City Palace and Eklingnathji Temple—both part of the family trust. Despite these warnings, Vishvaraj Singh’s supporters forcibly attempted to perform royal rituals at the City Palace, prompting police intervention.
A Shocking 40-Year Wait For Justice
That is, however, not the oldest case pending before the Supreme Court. Recently, the apex court ruled in a 40-year-old case involving the sexual assault of a schoolgirl by her tuition teacher. The case began in March 1984, with a conviction in 1986. The Allahabad High Court upheld the verdict 26 years later, and the Supreme Court confirmed the conviction 21 years after that. In a landmark judgment, the court declared that a conviction could be recorded even in the absence of injury to the victim’s private parts.
The Never-Ending MC Mehta Litigations
According to an RTI response received by the Supreme Court Observer, the most long-standing legal matters are known as the MC Mehta litigations. Environmental crusader MC Mehta’s legal battles since 1984 have driven landmark rulings—including introducing lead-free gasoline, reducing pollution in the Ganga, and protecting the Taj Mahal. Despite their significance, several of these cases remain unresolved.
State Boundaries And Unfinished Battles
Other prolonged disputes involve territorial issues in the northeast. State of Assam vs Union of India, filed on April 10, 1992, focused on Assam’s boundary conflicts with Nagaland and Arunachal Pradesh. Despite efforts by Arunachal and Assam to settle differences out of court, parts of the litigation remain unresolved.
A Landmark Case In Judicial Reform
The All-India Judges Association vs Union of India case, filed over 35 years ago, sought improved working conditions for the subordinate judiciary. Despite several breakthroughs—including the creation of a Judicial Academy and a National Judicial Pay Commission—some issues related to judicial incentives remain unresolved.
The 72-Year-Old Berhampore Bank Case
The Berhampore Bank case, which took 72 years to conclude, stands as India’s longest-running legal battle. The Calcutta High Court ordered the bank’s liquidation in 1948, yet a petition challenging the proceedings kept the case tied up until 2023—finally marking the end of a seven-decade legal odyssey.
The Forgotten Partition Case
In another case that lingered for 70 years, a partition suit filed between two brothers—Dashrath Ram Ganju vs Shivpriyanath Ganju—remained unresolved for decades. The Patna High Court issued its judgment in 1971, but the decree was never formally recorded. The case resurfaced only after persistent efforts by the litigants revealed its mishandling in court records.
The Landmark Kesavananda Bharati Case
One of India’s most significant cases, the Kesavananda Bharati judgment, stemmed from a dispute over Kerala’s land reforms in the 1970s. The Supreme Court’s ruling upheld the Basic Structure Doctrine, reinforcing that Parliament could not alter the Constitution’s core principles. The case’s legacy continues to shape India’s legal framework.
Supreme Court’s Push To Reduce Pendency
Recognizing the burden of pending cases, the Supreme Court introduced key reforms to expedite resolutions. The court directed lower courts to:
- Discharge traffic offence cases older than two years where summons remain unserved.
- Close minor cases pending for over two years if trials have not commenced.
- Dismiss non-cognizable and bailable offences pending for over two years.
- Discharge or acquit cases involving minor fines pending for more than one year.
- Close cases with prison terms up to three years if unresolved after two years.
Leading By Example
The Supreme Court’s commitment to resolving cases faster has yielded results. It achieved a disposal rate of 109.85 percent in January 2024 and 112 percent in February 2024, according to the National Judicial Data Grid.
Despite these efforts, India’s judiciary still faces an overwhelming backlog—with nearly five crore cases pending across various courts. As the old adage goes, justice delayed is justice denied.
—The writer is former Senior Managing Editor, India Legal magazine