Lok Sabha Question No. 2491 (UNSTARRED), answered on 2018-12-26
Subject: Number of Courts in the Country
Ministry: LAW AND JUSTICE
Asked by: KAPIL MORESHWAR PATIL

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

## LOK SABHA

## UNSTARRED QUESTION NO. †2491

## TO BE ANSWERED ON WEDNESDAY, THE 26 th  DECEMBER, 2018.

## Number of Courts in the Country

## †2491. SHRI KAPIL MORESHWAR PATIL:

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

- (a)  whether  the  Government  is  committed  to  double  the  number  of  courts  in  the country;
- (b) if so, the number of new courts set up in the country during the last three years, State-wise;
- (c) the time by which the Government proposes to fill up the vacant posts of new judicial officials / judges in the newly set up courts; and
- (d) the number of such courts proposed to be set up in Maharashtra?

## ANSWER

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

(a) & (b) : The new courts at District and below District / Subordinate (Tehsil / Taluka) level are established by the respective State Governments in consultation with the concerned High Courts.  As per information made available by High Courts and State Governments, sanctioned strength of Judicial Officers of District / Subordinate Courts has increased from 20,214 in the year 2014 to 22,644 in the year, 2018.  The State-wise details of sanctioned strength of Judicial Officers of District / Subordinate Courts in the years 2014 and 2018 are given in a Statement at Annexure-I.

Judges  of  Supreme  Court  of  India  are  appointed  under  Article  124  (2)  of  the Constitution of India and the Judges of High Courts are appointed under Articles 217 (1) and 224 of the Constitution of India.  As per the provision in the existing Memorandum of Procedure  (MoP)  for  appointment  of  Judges  of  Supreme  Court  and  High  Courts,  the proposals are initiated by the Chief Justice of India after consultation with the Collegium of Supreme  Court  and  the  Chief  Justice  of  the  High  Court  after  consultation  with  the Collegium  of  the  High  Court  respectively,  for  filling  up  of  vacancies  of  Judges  in  the

Supreme  Court  and  related  High  Courts.  The  details  of  vacancies  of  Judges  in  the Supreme Court and High Courts are given in Annexure-II.

(c)  :  As  per  the  Constitutional  framework,  the  selection  and  appointment  of  judges  in subordinate  courts  is  the  responsibility  of  State  Governments  and  the  High  Courts 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. 0

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  keep  on  arising  on  account  of retirement,  resignation  or  elevation  of  Judges  (to  the  Supreme  Court)  and  also  due  to increase in the strength of Judges.

(d)  :  As  per  the  information  made  available  by  Bombay  High  Court,  the  number  of new Courts proposed to be established in the State of Maharashtra is 867.

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Annexure-I Statement referred to Lok Sabha  Un-Starred Question No. 2491 dated 26 th December, 2018 regarding Number of Courts in the Country.

## Sanctioned Strength of Judicial Officers in District  and Subordinate Courts in the years 2014 and 2018.

| Sl. No   | States                       | Sanctioned Strength as on 31.12.2014   | Sanctioned Strength as on 30.09.2018   |
|----------|------------------------------|----------------------------------------|----------------------------------------|
| 1        | Andhra Pradesh & Telangana   | 1034                                   | 987                                    |
| 2        | Arunachal Pradesh            | 16                                     | 30                                     |
| 3        | Assam                        | 403                                    | 430                                    |
| 4        | Bihar                        | 1670                                   | 1845                                   |
| 5        | Chhattisgarh                 | 354                                    | 452                                    |
| 6        | Goa                          | 52                                     | 50                                     |
| 7        | Gujarat                      | 1963                                   | 1506                                   |
| 8        | Haryana                      | 644                                    | 651                                    |
| 9        | Himachal Pradesh             | 146                                    | 159                                    |
| 10       | Jammu & Kashmir              | 244                                    | 310                                    |
| 11       | Jharkhand                    | 578                                    | 676                                    |
| 12       | Karnataka                    | 1085                                   | 1307                                   |
| 13       | Kerala & Lakshadweep         | 447                                    | *499                                   |
| 14       | Madhya Pradesh               | 1460                                   | 1872                                   |
| 15       | Maharashtra                  | 2072                                   | **2141                                 |
| 16       | Manipur                      | 40                                     | 55                                     |
| 17       | Meghalaya                    | 55                                     | 97                                     |
| 18       | Mizoram                      | 67                                     | 67                                     |
| 19       | Nagaland                     | 27                                     | 33                                     |
| 20       | Orissa                       | 690                                    | 911                                    |
| 21       | Punjab                       | 672                                    | 674                                    |
| 22       | Rajasthan                    | 1145                                   | 1337                                   |
| 23       | Sikkim                       | 18                                     | 23                                     |
| 24       | Tamil Nadu                   | 997                                    | *1143                                  |
| 25       | Tripura                      | 104                                    | 115                                    |
| 26       | Uttar Pradesh                | 2097                                   | 3225                                   |
| 27       | Uttarakhand                  | 289                                    | 293                                    |
| 28       | West Bengal and A & N Island | 994                                    | 1024                                   |
| 29       | Chandigarh                   | 30                                     | 30                                     |
| 30       | D & N Haveli and Daman & Diu | 7                                      | 7                                      |
| 31       | Delhi                        | 793                                    | 799                                    |
| 32       | Pondicherry                  | 21                                     | 26                                     |
| Total    |                              | 20,214                                 | 22,774                                 |

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Annexure - II 26 th

Statement referred to Lok Sabha  Un-Starred Question No. 2491 dated December, 2018 regarding Number of Courts in the Country.

Vacancies  of  Judges  in  the  Supreme  Court  and  various  High  Courts  as  on 17.12.2018

|   Sr. No. | Name of the Court      |   Vacancies of Judges as on 17.12.2018. |
|-----------|------------------------|-----------------------------------------|
|         1 | Supreme Court of India |                                       4 |

| Sr. No.   | Name of the High Court                     |   Vacancies of Judges as on 17.12.2018. |
|-----------|--------------------------------------------|-----------------------------------------|
| 1.        | Allahabad High Court                       |                                      51 |
| 2.        | Calcutta High Court                        |                                      35 |
| 3.        | Karnataka High Court                       |                                      29 |
| 4.        | Punjab & Haryana High Court                |                                      30 |
| 5.        | High Court of Telengana and Andhra Pradesh |                                      34 |
| 6.        | Bombay High Court                          |                                      23 |
| 7.        | Delhi High Court                           |                                      21 |
| 8.        | Gujarat High Court                         |                                      23 |
| 9.        | Patna High Court                           |                                      25 |
| 10.       | Madhya Pradesh High Court                  |                                      18 |
| 11.       | Madras High Court                          |                                      14 |
| 12.       | Rajasthan High Court                       |                                      25 |
| 13.       | Kerala High Court                          |                                      09 |
| 14.       | Orissa High Court                          |                                      13 |
| 15.       | Chhattisgarh High Court                    |                                      07 |
| 16.       | Jharkhand High Court                       |                                      06 |
| 17.       | Guahati High Court                         |                                      05 |
| 18.       | Jammu and Kashmir High Court               |                                      08 |
| 19.       | Himachal Pradesh High Court                |                                      05 |
| 20.       | Manipur High Court                         |                                      02 |
| 21.       | Tripura High Court                         |                                      01 |
| 22.       | Meghalaya High Court                       |                                      01 |
| 23.       | Uttarakhand High Court                     |                                      02 |
| 24.       | Sikkim High Court                          |                                      00 |
| Total     | Total                                      |                                     387 |

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