Lok Sabha Question No. 3612 (UNSTARRED), answered on 2019-01-02
Subject: Vacancies in Higher Judiciary
Ministry: LAW AND JUSTICE
Asked by: M. K. RAGHAVAN

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

## LOK SABHA

## UNSTARRED QUESTION NO. 3612

## TO BE ANSWERED ON WEDNESDAY, THE 02.01.2019

## Vacancies in Higher Judiciary

3612. SHRI M.K. RAGHAVAN:

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

- a) the  total  number  of  vacancies  in the higher  judiciary  including those  in the Supreme Court as well as High Courts, court-wise;
- b) the steps being taken to fill these vacancies of judges in all the courts and the timeframe drawn for it;
- c)  whether it is also a fact that lower judiciary are highly understaffed if so, the steps taken in this regard;
- d) whether there is any proposal to undertake a national level appointment to fill the vacant posts of judicial officers; and
- e) if so, the reactions of various States in this regard and the progress made so far?

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

(a) : A statement showing the sanctioned strength, working strength and vacancies of  Judges  in  the  Supreme  Court  and  the  High  Courts  as  on  28.12.2018  is  at Annexure .

(b) : Filling up of vacancies in the Supreme Court and High Courts is a continuous and  collaborative  process  between  the  Executive  and  Judiciary.  It  requires consultation and  approval of various Constitutional Authorities. Initiation of proposal  for  appointment  of  Judge  in  the  Supreme  Court  vests  with  the  Chief Justice  of  India  while  initiation  of  proposal  for  appointment  of  Judges  in  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 of Judges of High Courts  do  keep  on  arising  on  account  of  retirement,  resignation  or  elevation  of Judges and also due to increase in strength of Judges.

Under  the  Constitutional  framework,  the  selection  and  appointment  of Judges in  Subordinate  Courts  is  the  responsibility  of  the  High  Courts  and  State Governments concerned.

(c)  to  (e):  As  per  information  made  available  by  the  High  Courts  and  respective State Governments, as on 30.09.2018 the sanctioned strength of Judicial Officers of  District  and  Subordinate Courts is 22,644.  The number of Judicial Officers in position and vacant posts is 17,509 and 5,135 respectively.

In September, 2016, the Union Minister of Law & Justice wrote to the Chief Ministers  of  States  and  the  Chief  Justices  of  High  Courts  to  enhance  the  cadre strength of the District and Subordinate Courts and provide physical infrastructure to the State judiciary and the same was reiterated in May, 2017.  In August, 2018, in  the  context  of  increasing  pendency  of  cases,  the  Union  Minister  of  Law  & Justice  wrote  to  all  Chief  Justices  of  High  Courts  to  monitor  the  status  of  the vacancies  regularly  and  to  ensure  proper  coordination  with  the  State  Public Service Commission to fill up vacant posts as per time schedule prescribed by the Hon'ble Supreme Court in the Malik Mazhar Sultan case.

In  order  to  facilitate  regular  filling  up  of  these  vacancies  in  a  smooth  and  timebound  manner,  the  Department  of  Justice vide its  letter  dated  28 th April,  2017 suggested  creation  of  a  Central  Selection  Mechanism  to  the  Hon'ble  Supreme Court. The Hon'ble Supreme  Court suo  motu converted the Government's suggestions into a writ petition on 09 th May, 2017  and  directed all State Governments (including Union Territories) to file their responses and suggestions by way of affidavits.  The above matter is subjudice at present.

The filling up of vacancies is also being monitored by the Supreme Court in a suo-motu Writ Petition (Civil) no. 2 of 2018.  A series of meetings were held with Registrars General of all High Courts and Law Secretaries of all State Governments/ UTs through Video Conferencing in  January, 2018, July, 2018 and November, 2018 as a follow up to fill up posts of Judicial Officers in District and Subordinate  Courts.   The  Department  of  Justice  has  hosted  a  web-portal  on  its website  for  reporting  and  monitoring  of  sanctioned  and  working  strength,  and vacancies of Judicial Officers of District and Subordinate Courts on monthly basis.

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## Annexure

## Statement referred to in reply to part (a) of Lok Sabha Unstarred Question No. 3612 for 02.01.2019 regarding Vacancies in Higher Judiciary

(As on 28.12.2018)

| Sl. No.   | Name of the Court         | Approved Strength   | Working Strength   | Vacancies   |
|-----------|---------------------------|---------------------|--------------------|-------------|
| A         | Supreme Court of India    | 31                  | 27                 | 04          |
| B         | High Court                | High Court          | High Court         | High Court  |
| 1         | Allahabad                 | 160                 | 109                | 51          |
| 2         | Telangana &Andhra Pradesh | 61                  | 27                 | 34          |
| 3         | Bombay                    | 94                  | 71                 | 23          |
| 4         | Calcutta                  | 72                  | 37                 | 35          |
| 5         | Chhattisgarh              | 22                  | 15                 | 07          |
| 6         | Delhi                     | 60                  | 39                 | 21          |
| 7         | Gauhati                   | 24                  | 19                 | 05          |
| 8         | Gujarat                   | 52                  | 28                 | 24          |
| 9         | Himachal Pradesh          | 13                  | 08                 | 05          |
| 10        | Jammu &Kashmir            | 17                  | 09                 | 08          |
| 11        | Jharkhand                 | 25                  | 19                 | 06          |
| 12        | Karnataka                 | 62                  | 33                 | 29          |
| 13        | Kerala                    | 47                  | 38                 | 09          |
| 14        | Madhya Pradesh            | 53                  | 35                 | 18          |
| 15        | Madras                    | 75                  | 61                 | 14          |
| 16        | Manipur                   | 05                  | 03                 | 02          |
| 17        | Meghalaya                 | 04                  | 03                 | 01          |
| 18        | Orissa                    | 27                  | 14                 | 13          |
| 19        | Patna                     | 53                  | 28                 | 25          |
| 20        | Punjab& Haryana           | 85                  | 55                 | 30          |
| 21        | Rajasthan                 | 50                  | 25                 | 25          |
| 22        | Sikkim                    | 03                  | 03                 | 0           |
| 23        | Tripura                   | 04                  | 03                 | 01          |
| 24        | Uttarakhand               | 11                  | 09                 | 02          |
| Total     | Total                     | 1079                | 691                | 388         |