SC Urges States to Fix Prosecutor Shortage to Ensure Expeditious Trials

(By Syed Ali Taher Abedi)

NEW DELHI 22, May,2026— In a stern indictment of administrative complacency, the Supreme Court of India has trained its sights on the chronic deficit of Public Prosecutors across the country, identifying it as a primary institutional bottleneck obstructing the swift adjudication of criminal trials.

A vacation Bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan issued a ringing directive to State governments, exhorting them to optimally utilize the ongoing summer recess to finalize and execute appointments to fill these vital systemic vacancies.

The Apex Court’s observations arose during the adjudication of a bail plea concerning an undertrial accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Noting that the accused had languished in custody for over three years while the prosecution had managed to examine a mere fraction of its listed witnesses, the Court underscored that institutional delays invariably compromise the equilibrium of the criminal justice system.

One Courtroom, One Prosecutor

Expressing profound dissatisfaction with the existing practice where single prosecutors are overburdened with multiple courtrooms or compelled to travel inter-district on designated days, Justice Nagarathna articulated a clear doctrine of structural adequacy:

“Each presiding officer must have an exclusive prosecutor. You cannot have a prosecutor coming from another district… only on two days in a week and on those days sessions trials will be conducted. This can’t happen.”

Executive Accountability Called to Question

The Bench took a dim view of State governments frequently lamenting the pendency of criminal cases while simultaneously failing to address foundational administrative lapses such as delays in conducting recruitment examinations and failures within the respective Directorates of Prosecution.

“States are doing nothing and simply saying ‘delay in criminal justice’… Where does the problem come from? You are not conducting the prosecution exams on time. There are people waiting to be appointed,” the Court observed, adding that systemic delays ultimately force courts to grant bail to accused individuals who may subsequently abscond, thereby defeating the ends of justice.

A Call to Immediate Action

While acknowledging that the judiciary can only formulate remedial blueprints, the Bench reminded the State counsels present that the onus of execution rests squarely upon the shoulders of the Executive.

The Court formally directed State counsels to escalate the matter with their respective Law Ministers, Advocates General, and Directors of Prosecution, mandating that the summer vacation be aggressively utilized to draft and implement effective solutions to achieve an unassailable prosecutorial framework.