Sanctioned posts of judges are laying vacant in the courts of the country including Supreme Court, High Courts and subordinate courts

Sanctioned posts of judges are laying vacant in the courts of the country including Supreme Court, High Courts and subordinate courts

GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO.2111
TO BE ANSWERED ON FRIDAY, THE 15TH DECEMBER, 2023

VACANT SANCTIONED POSTS IN COURTS

SHRI M. BADRUDDIN AJMAL
SHRI ASHOK KUMAR RAWAT
DR. BEESETTI VENKATA SATYAVATHI
SHRI ABDUL KHALEQUE:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether a large number of sanctioned posts of judges are laying vacant in the courts of the country including Supreme Court, High Courts and subordinate courts;

(b) if so, the details of sanctioned and vacant posts of judges at present indicating the time since when they are lying vacant and the reasons therefor, court-wise and State-wise;

(c) the steps taken/being taken to fill the vacant posts of judges timely given the delay in delivering justice to the victims for lack of judges;

(d) whether the Government contemplates to increase the number of judges in the High courts to avoid tendency of cases pending there; and

(e) if so, the details thereof and if not, the reasons therefor?

ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

(SHRI ARJUN RAM MEGHWAL)

(a) to (c): As on 11.12.2023, against the sanctioned strength of 34 Judges in the Supreme Court of India (including Chief Justice of India), 34 Judges are working and there is no vacancy of Judges in the Supreme Court.

As regards the High Courts, against the sanctioned strength of 1114 Judges, 790 Judges are working and 324 post of Judges are vacant in the various High Courts. A detailed statement showing High Court wise vacancy position as on 11.12.2023 is at Annexure-I.

Further, there are 5,443 vacancies of judicial officers in the District and Subordinate Judiciary as on 11.12.2023. A detailed statement showing State-wise vacancy position in District and Subordinate Judiciary as on 11.12.2023 is at Annexure- II.

Appointment of the Judges of Supreme Court and High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at State and Central level. While every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in the strength of Judges.

In case of recruitment and appointment of judicial officers in District Courts/Subordinate judiciary, the Central Government has no role under the Constitution. The filling up vacant posts of judicial officers in the District and Subordinate Courts is the responsibility of the High Courts and State Governments concerned. In some States, the respective High Courts undertake the recruitment process, whereas in other States, the High Courts do it in consultation with the State Public Service Commissions. Vide judicial order passed in January 2007 in the Malik Mazhar Sultan case, the Hon’ble Supreme Court has stipulated certain timelines which are to be followed by the states and the respective High Courts for initiating the recruitment process of judges in subordinate courts.

(d) & (e): The Government is committed towards speedy delivery of Justice. As a result of the collaborative process between the Executive and Judiciary, during the year 2022, 165 Judges were appointed in various High Courts which isa significant number of appointments in one year. 110 Judges have been appointed in various High Courts in the year 2023 as on 11.12.2023. Also, from 2014 till 11.12.2023, the sanctioned strength of High Court judges has increased from906 to 1114. For the District and Subordinate Courts, the sanctioned strength of judicial officers has also increased from 19,518 in year 2014 to the present 25,439 as on 11.12.2023. Similarly the working strength at the district and subordinate judiciary level has been increased from 15115 in the year 2014 to the present 20017 as on 11.12.2023

The pendency of cases in courts is not only due to shortage of judges in various Courts but also a result of several other factors like increase in number of state and central legislations, accumulation of first appeals, continuation of ordinary civil jurisdiction in some of the High Courts, appeals against the orders of quasi-judicial forums going to High Courts, number of revisions/appeals, frequent adjournments, indiscriminate use of the writ jurisdiction, lack of adequate arrangements to monitor, tracking and bunching of cases for hearing, vacation period of Courts, assigning of work of administrative nature to the Judges, etc.

Annexure-I

STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (C) OF LOK SABHAUNSTARRED QUESTION NO. 2111 FOR ANSWER ON 15.12.2023 REGARDING ‘VACANT SANCTIONED POSTS IN COURTS’.

Sanction and Working Strength of Judicial Officers in High Courts as on 11.12.2023.

Annexure-II

STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (C) OF LOK SABHAUNSTARRED QUESTION NO. 2111 FOR ANSWER ON 15.12.2023 REGARDING ‘VACANT SANCTIONED POSTS IN COURTS’.

Sanction and Working Strength of Judicial Officers in District and Subordinate Judiciary as on 11.12.2023.

Source:- MIS portal of Department of Justice.
*No separate sanctioned strength exists in respect of Andaman & Nicobar Islands and the same is included in the total Sanctioned Strength, appearing in the designated column coming under the heading West Bengal.

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