Lok Sabha Question No. 220 (STARRED), answered on 2016-11-30
Subject: Selection of Retired Judges
Ministry: LAW AND JUSTICE
Asked by: (ADV.) JOICE GEORGE, REKHA ARUN VERMA

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

## LOK SABHA

## STARRED QUESTION NO. *220

## TO BE ANSWERED ON WEDNESDAY, 30 TH  NOVEMBER, 2016

## Selection of Retired Judges

## *220. ADV. JOICE GEORGE:

## SHRIMATI REKHA VERMA:

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

- (a) the status of pending cases in Supreme Court, High Court and Subordinate courts;
- (b)  whether  the  Government  is  contemplating  to  appoint  judges  on  contract basis to expedite the process of providing justice in the country and if so, the details thereof;
- (c) whether the Government proposes to avail the services of retired judges to dispose of pending cases in various courts and if so, the details thereof along with criteria followed for selection of retired judges and their salary structure, etc.; and
- (d) the time by which these selections are likely to be completed?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (d): A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) of LOK SABHA STARRED QUESTION NO. *220 FOR ANSWER ON 30 TH  NOVEMBER, 2016.

(a) to (d) : The data on pendency of cases is maintained by Supreme Court and High Courts.  As  per  the  information  available,  61,700  matters  were  pending  in  the Supreme  Court  as  on  23.11.2016.    As  per  information  furnished  by  High  Courts, 38.70  lakh  cases  were  pending  in  the  High  Courts,  and  2.70  crore  cases  were pending in District and Subordinate Courts as on 31.12.2015. Additional  and  Acting  Judges  in  High  Courts  are  appointed  under  Article 224(1)  of  the  Constitution  for  a  period  not  exceeding  two  years  to  look  after  any temporary business of High Courts or arrears of work in various High Courts. The provision of appointment of retired Judges as sitting Judges of the High Courts and their allowances is under Article 224-A of the Constitution.  Article 128 mentions the provision of attendance of retired Judges at sittings of Supreme Court and their allowances. Total  18  proposals  have  been  received  from  the  High  Courts  of  Telengana and Andhra Pradesh, Madhya Pradesh, Allahabad and Calcutta for appointment of retired Judges at sittings of the High Courts under Article 224A of the Constitution. The  filling  up  of  vacancies  in  the  High  Courts  is  a  continuous  and  collaborative process of Judiciary and Executive, involving various Constitutional Authorities.  The process of appointment of retired Judges in the Supreme Court and High Courts are prescribed in the Memorandum of Procedure (MoP) for Appointment of Judges of the Supreme Court and Memorandum of Procedure (MoP) for Appointment of Judges of the  High  Courts,  respectively.    Time  line  of  appointment  is  also  prescribed  in  the MoP. The  subject  matter  relating  to  filling  up  of  vacancies  in  the  District  and Subordinate  Courts  falls  with  the  domain  of  the  High  Courts  and  the  State Governments concerned.  The Central Government has no role in appointment of

Subordinate Judiciary.

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