Lok Sabha Question No. 4241 (UNSTARRED), answered on 2018-03-21
Subject: Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: NALIN KUMAR KATEEL, ARVIND GANPAT SAWANT, KRUPAL BALAJI TUMANE, BHAVANA GAWALI (PATIL)

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 4241

TO BE ANSWERED ON WEDNESDAY, THE 21 ST     MARCH, 2018.

## Appointment of Judges

## 4241. SHRI NALIN KUMAR KATEEL:

SHRI ARVIND SAWANT:

SHRI KRUPAL BALAJI TUMANE:

## SHRIMATI BHAVANA PUNDALIKRAO GAWALI PATIL:

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

- (a) the steps taken by the Government to increase the number of judges in the country;
- (b) the reasons for the delay in appointment of judges;
- (c)  whether  the  Government  has  fixed  any  time-frame  for  fulfilling  the  commitment  of appointment of a certain number of judges in the country;
- (d)  if  so,  the  time  by  which  the  said  appointments  are  proposed  to  be  made  along  with  the number of the proposed appointments and if not, the reasons therefor; and
- (e) the total number of judges appointed in the last three years court and year-wise?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) to (d): Filling up of vacancies in the Supreme Court and the High courts is a continuous and collaborative  process,  between  the  Executive  and  the  Judiciary.    It  requires  consultation  and approval  from  various  Constitutional  Authorities.    Initiation  of  proposal  for  appointment  of Judges in the Supreme Court vests with the Chief Justice of India, while initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court.

While every effort is made to fill up the existing vacancies expeditiously, vacancies in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also the increase in strength of Judges.

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.

The  Supreme  Court,  through  a  judicial  order  in  Malik  Mazhar  case,  has  devised  a process and time frame to be followed for the filling up of vacancies in subordinate judiciary. This order of January 2007 by the Supreme Court stipulates that the process for recruitment of judges in the subordinate courts would commence on 31 st March of a calendar year and end by 31 st October  of  the  same  year.    The  Supreme  Court  has  permitted  State  Governments  /  High Courts  for  variations  in  the  time  schedule  in  case  of  any  difficulty  based  on  the  peculiar geographical and climatic conditions in the State or other relevant conditions.   Further, during the Joint Conference of the Chief Ministers of States and Chief Justices of the High Courts held in April 2016, the Conference on being apprised of:

- (i) The large pendency of cases, both civil and criminal, in the district judiciaries; and
- (ii) Nearly twenty three percent of the pending cases being over five years old,

resolved, inter alia , that all the State governments shall, in terms of the demands placed by the concerned High Courts for an increase in the cadre strength of the district judiciary provide for at least  a  minimum  increase  of  ten  percent  per  year  in  accordance  with  the  judgement  of  the Supreme Court in Brij Mohan Lal versus Union of India.

(e): The details of number of Judges appointed in the last three years in Supreme Court and High Courts  are  given  in  the    Statement  at Annexure  -  I and  the  details  of  sanctioned  /  working strength and vacancy position of Judicial Officers in District and Subordinate Courts are given in the Statement at Annexure - II.

**************

Statement referred to Lok Sabha Unstarred Question No. 4241 dated 21 st March, 2018. Number of Judges appointed in Supreme Court and High Courts during last three years.

| Court (Supreme Court / High Courts) and type of appointment of Judges   | Year of appointment   | Year of appointment   | Year of appointment   |
|-------------------------------------------------------------------------|-----------------------|-----------------------|-----------------------|
| Court (Supreme Court / High Courts) and type of appointment of Judges   | 2016                  | 2017                  | 2018                  |
| Judges appointed in the Supreme Court                                   | 04                    | 05                    | --                    |
| Appointment of Chief Justices                                           | 14                    | 08                    | 04                    |
| Transfer of Chief Justices                                              | 04                    | --                    | 01                    |
| Judges appointed in the High Courts                                     | *126                  | 115                   | 11                    |
| Additional Judges made Permanent in High Courts                         | *131                  | 31                    | 57                    |
| Additional Judges given fresh term                                      | 22                    | 05                    | --                    |
| Transfer of Judges                                                      | 33                    | 05                    | 01                    |
| New posts of Judges created in High Courts                              | 35                    | --                    | --                    |

******

Statement referred to Lok Sabha Unstarred Question No. 4241 for reply on 21.03.2018 Sanctioned  Strength  /  Working  Strength  and  Vacancies  of  Judicial  Officers  in  District  and Subordinate Courts during the last three years.

| Sl. No   | Name of States/UTs        | Position of Judicial Officers as on 31.12.2015   | Position of Judicial Officers as on 31.12.2015   | Position of Judicial Officers as on 31.12.2015   | Position of Judicial Officers as on 31.12.2016   | Position of Judicial Officers as on 31.12.2016   | Position of Judicial Officers as on 31.12.2016   | Position of Judicial Officers as on 31.12.2017   | Position of Judicial Officers as on 31.12.2017   | Position of Judicial Officers as on 31.12.2017   |
|----------|---------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|--------------------------------------------------|
| Sl. No   | Name of States/UTs        | Sanctioned Strength                              | Working Strength                                 |                                                  | VacanciesSanctioned Strength                     | Working Strength                                 |                                                  | VacanciesSanctioned Strength                     | Working Strength                                 | Vacancies                                        |
| 1.       | Andhra Pradesh &Telangana | 1034                                             | 785                                              | 249                                              | 1025                                             | 929                                              | 96                                               | 986                                              | 920                                              | 66                                               |
| 2.       | Arunachal Pradesh         | 17                                               | 15                                               | 2                                                | 26                                               | 17                                               | 9                                                | 28                                               | 17                                               | 11                                               |
| 3.       | Assam                     | 424                                              | 319                                              | 105                                              | 424                                              | 311                                              | 113                                              | 429                                              | 352                                              | 77                                               |
| 4.       | Bihar                     | 1727                                             | 1067                                             | 660                                              | 1825                                             | 1002                                             | 823                                              | 1828                                             | 993                                              | 835                                              |
| 5.       | Chhattisgarh              | 385                                              | 341                                              | 44                                               | 395                                              | 356                                              | 39                                               | 398                                              | 335                                              | 63                                               |
| 6.       | Goa                       | 57                                               | 49                                               | 8                                                | 57                                               | 50                                               | 7                                                | 55                                               | 43                                               | 12                                               |
| 7.       | Gujarat                   | 1939                                             | 1170                                             | 769                                              | 1502                                             | 1111                                             | 391                                              | 1496                                             | 1121                                             | 375                                              |
| 8.       | Haryana                   | 644                                              | 474                                              | 170                                              | 644                                              | 501                                              | 143                                              | 645                                              | 496                                              | 149                                              |
| 9.       | Himachal Pradesh          | 152                                              | 134                                              | 18                                               | 155                                              | 147                                              | 8                                                | 159                                              | 148                                              | 11                                               |
| 10.      | Jammu& Kashmir            | 245                                              | 220                                              | 25                                               | 246                                              | 219                                              | 27                                               | 253                                              | 224                                              | 29                                               |
| 11.      | Jharkhand                 | 592                                              | 466                                              | 126                                              | 673                                              | 448                                              | 225                                              | 672                                              | 419                                              | 253                                              |
| 12.      | Karnataka                 | 1122                                             | 820                                              | 302                                              | 1300                                             | 913                                              | 387                                              | 1303                                             | 976                                              | 327                                              |
| 13.      | Kerala                    | 457                                              | 442                                              | 15                                               | 491                                              | 427                                              | 64                                               | 535                                              | 450                                              | 85                                               |
| 14.      | Madhya Pradesh            | 1350                                             | 1132                                             | 218                                              | 2021                                             | 1240                                             | 781                                              | 2021                                             | 1293                                             | 728                                              |
| 15.      | Maharashtra               | 2251                                             | 1917                                             | 334                                              | 2094                                             | 1969                                             | 125                                              | 2097                                             | 1930                                             | 167                                              |
| 16.      | Manipur                   | 41                                               | 35                                               | 6                                                | 34                                               | 25                                               | 9                                                | 49                                               | 40                                               | 09                                               |
| 17.      | Meghalaya                 | 57                                               | 29                                               | 28                                               | 57                                               | 41                                               | 16                                               | 97                                               | 39                                               | 58                                               |
| 18.      | Mizoram                   | 63                                               | 30                                               | 33                                               | 63                                               | 30                                               | 33                                               | 63                                               | 46                                               | 17                                               |
| 19.      | Nagaland                  | 27                                               | 25                                               | 2                                                | 34                                               | 25                                               | 9                                                | 34                                               | 22                                               | 12                                               |
| 20.      | Odisha                    | 716                                              | 598                                              | 118                                              | 862                                              | 601                                              | 261                                              | 862                                              | 656                                              | 206                                              |
| 21.      | Punjab                    | 672                                              | 490                                              | 182                                              | 674                                              | 546                                              | 128                                              | 674                                              | 538                                              | 136                                              |
| 22.      | Rajasthan                 | 1191                                             | 985                                              | 206                                              | 1205                                             | 1076                                             | 129                                              | 1225                                             | 1122                                             | 103                                              |
| 23.      | Sikkim                    | 18                                               | 14                                               | 4                                                | 23                                               | 13                                               | 10                                               | 23                                               | 18                                               | 5                                                |
| 24.      | Tamil Nadu                | 1015                                             | 969                                              | 46                                               | 1047                                             | 939                                              | 108                                              | 1108                                             | 908                                              | 200                                              |
| 25.      | Tripura                   | 104                                              | 68                                               | 36                                               | 106                                              | 77                                               | 29                                               | 107                                              | 76                                               | 31                                               |
| 26.      | Uttar Pradesh             | 2104                                             | 1827                                             | 277                                              | 3142                                             | 1728                                             | 1414                                             | 3204                                             | 1856                                             | 1348                                             |
| 27.      | Uttarakhand               | 280                                              | 206                                              | 74                                               | 291                                              | 218                                              | 73                                               | 291                                              | 230                                              | 61                                               |
| 28.      | West Bengal               | 959                                              | 900                                              | 59                                               | 1013                                             | 913                                              | 100                                              | 956                                              | 916                                              | 40                                               |
| 30.      | Chandigarh                | 30                                               | 30                                               | 0                                                | 30                                               | 30                                               | 0                                                | 30                                               | 30                                               | 0                                                |
| 31.      | D &NHaveli                | 7                                                | 6                                                | 1                                                | 7                                                |                                                  | 1                                                | 7                                                | 7                                                | 0                                                |
|          | and Daman & Diu           |                                                  |                                                  |                                                  |                                                  | 6                                                |                                                  |                                                  |                                                  |                                                  |
| 32.      | Delhi                     | 793                                              | 490                                              | 303                                              | 793                                              | 489                                              | 304                                              | 799                                              | 482                                              | 317                                              |
| 33.      | Lakshadweep               | 3                                                | 3                                                | 0                                                | 3                                                | 3                                                | 0                                                | 3                                                | 2                                                | 1                                                |
| 34.      | Puducherry                | 26                                               | 14                                               | 12                                               | 26                                               | 13                                               | 13                                               | 26                                               | 12                                               | 14                                               |
|          |                           |                                                  |                                                  | 4432                                             |                                                  |                                                  | 5875                                             | 22474                                            | 16728                                            |                                                  |
| Total    | Total                     | 20502                                            | 16070                                            |                                                  | 22288                                            | 16413                                            |                                                  |                                                  |                                                  | 5746                                             |