Lok Sabha Question No. 4248 (UNSTARRED), answered on 2018-03-21
Subject: Disagreement over Judicial Appointments
Ministry: LAW AND JUSTICE
Asked by: B.N. CHANDRAPPA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 4248

## TO BE ANSWERED ON WEDNESDAY, THE 21.03.2018

## Disagreement over Judicial Appointments

## 4248. SHRI B.N. CHANDRAPPA:

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

- (a) whether it is true that the executive and the judiciary were very strongly disagreeing over judicial appointments;
- (b) if so, the details along with the reasons therefor;
- (c) whether the Government is aware that there is huge number of vacancies in the post of judges in various courts including Supreme Court in the country; and
- (d) if so, the details thereof along with the steps taken in this regard so far?

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

## ANSWER (SHRI P.P. CHAUDHARY)

- (a)  and  (b):  No,  Madam.  Appointment  of  Judges  in  Higher  Judiciary  is  a  collaborative  and integrated process involving both the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities. Differences of opinion if any  are mutually reconciled  by  the  Executive  and  the  Judiciary  to  ensure  that  only    the  apposite  person  is appointed to the high Constitutional post of Judge.
- (c) and (d): A Statement showing the Approved Strength, Working Strength and Vacancies in the Supreme Court and the High Courts as on 01.03.2018  is at Annexure-I.

A  Statement  showing  the  details  of  vacant  posts  of  judicial  officers  of  District  and Subordinate Courts as on 31.12.2017 is at Annexure-II.

The Judges appointed during last 3 years in the Supreme Court and High Courts are given below:-

| Years                   | Supreme Court   |   High Courts |
|-------------------------|-----------------|---------------|
| 2016                    | 4               |           126 |
| 2017                    | 5               |           115 |
| 2018 ( upto 16.03.2018) | -               |            11 |

As  per  the  Constitutional  framework,  the  selection  and  appointment  of  judges  in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.

## Statement referred to in reply to Parts (c ) & (d) of  Lok Sabha Unstarred Question  No. 4248 to be answered on 21.03.2018

(As on 01.03.2018)

| Sl.No.   | Name of the Court         | Approved Strength   | Working Strength   | Vacancies as per Approved Strength   |
|----------|---------------------------|---------------------|--------------------|--------------------------------------|
| A        | Supreme Court of India    | 31                  | 24                 | 07                                   |
| B        | High Court                |                     |                    |                                      |
| 1        | Allahabad                 | 160                 | 103                | 57                                   |
| 2        | Telangana &Andhra Pradesh | 61                  | 30                 | 31                                   |
| 3        | Bombay                    | 94                  | 70                 | 24                                   |
| 4        | Calcutta                  | 72                  | 30                 | 42                                   |
| 5        | Chhattisgarh              | 22                  | 12                 | 10                                   |
| 6        | Delhi                     | 60                  | 38                 | 22                                   |
| 7        | Gauhati                   | 24                  | 18                 | 06                                   |
| 8        | Gujarat                   | 52                  | 30                 | 22                                   |
| 9        | Himachal Pradesh          | 13                  | 08                 | 05                                   |
| 10       | Jammu &Kashmir            | 17                  | 11                 | 06                                   |
| 11       | Jharkhand                 | 25                  | 17                 | 08                                   |
| 12       | Karnataka                 | 62                  | 30                 | 32                                   |
| 13       | Kerala                    | 47                  | 37                 | 10                                   |
| 14       | Madhya Pradesh            | 53                  | 33                 | 20                                   |
| 15       | Madras                    | 75                  | 58                 | 17                                   |
| 16       | Manipur                   | 05                  | 02                 | 03                                   |
| 17       | Meghalaya                 | 04                  | 02                 | 02                                   |
| 18       | Orissa                    | 27                  | 16                 | 11                                   |
| 19       | Patna                     | 53                  | 32                 | 21                                   |
| 20       | Punjab& Haryana           | 85                  | 50                 | 35                                   |
| 21       | Rajasthan                 | 50                  | 33                 | 17                                   |
| 22       | Sikkim                    | 03                  | 03                 | 0                                    |
| 23       | Tripura                   | 04                  | 02                 | 02                                   |
| 24       | Uttarakhand               | 11                  | 08                 | 03                                   |
| Total    | Total                     | 1079                | 673                | 406                                  |

Annexure-II Statement referred to in reply to Parts (c ) & (d) of  Lok Sabha Unstarred Question  No. 4248

(As  on 31.12.2017)

| Sl. No   | Name of States/UTs        |   District |
|----------|---------------------------|------------|
| 1        | Andhra Pradesh &Telangana |         66 |
| 2        | Arunachal Pradesh         |         11 |
| 3        | Assam                     |         77 |
| 4        | Bihar                     |        835 |
| 5        | Chhattisgarh              |         63 |
| 6        | Goa                       |         12 |
| 7        | Gujarat                   |        375 |
| 8        | Haryana                   |        149 |
| 9        | Himachal Pradesh          |         11 |
| 10       | Jammu &Kashmir            |         29 |
| 11       | Jharkhand                 |        253 |
| 12       | Karnataka                 |        327 |
| 13       | Kerala                    |         85 |
| 14       | Madhya Pradesh            |        728 |
| 15       | Maharashtra               |        167 |
| 16       | Manipur                   |         09 |
| 17       | Meghalaya                 |         58 |
| 18       | Mizoram                   |         17 |
| 19       | Nagaland                  |         12 |
| 20       | Orissa                    |        206 |
| 21       | Punjab                    |        136 |
| 22       | Rajasthan                 |        103 |
| 23       | Sikkim                    |          5 |
| 24       | Tamil Nadu                |        200 |
| 25       | Tripura                   |         31 |
| 26       | Uttar Pradesh             |       1348 |
| 27       | Uttarakhand               |         61 |
| 28       | West Bengal               |         40 |
| 29       | A &NIsland                |          0 |
| 30       | Chandigarh                |          0 |
| 31       | D &NHaveli and Daman &Diu |          0 |
| 32       | Delhi                     |        317 |
| 33       | Lakshadweep               |          1 |
| 34       | Pondicherry               |         14 |
| Total    |                           |       5746 |

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