Lok Sabha Question No. 1925 (UNSTARRED), answered on 2019-07-03
Subject: Vacant Posts in Lower Judiciary
Ministry: LAW AND JUSTICE
Asked by: Kinjarapu Ram Mohan Naidu, Ramdas Chandrabhanji Tadas, Santokh Singh Chaudhary

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1925

TO BE ANSWERED ON WEDNESDAY, THE 03 RD  JULY, 2019.

Vacant Posts in Lower Judiciary

1925. SHRI RAM MOHAN NAIDU KINJARAPU: SHRI RAMDAS C. TADAS: SHRI SANTOKH SINGH CHAUDHARY:

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

- (a) whether a large number of posts in lower judiciary are lying vacant in the country and is  having  an  adverse  impact  on  the  justice  delivery  system  and  if  so,  the details thereof and the reaction of the Government thereto;
- (b) whether the Government has taken steps to fill these vacancies immediately and if so, the details thereof and if not, the reasons therefor;
- (c) whether the Government has conducted any survey regarding the time required for disposal of all cases pending in the lower courts of the country with the help of the existing infrastructure and if so, the details thereof; and
- (d)  the  steps  taken  /  being  taken  by  the  Government  to  expand  infrastructure  for quick  disposal  of  the  pending  cases  in  case  the  delivery  of  justice  is  being delayed due to the existing infrastructure?

## ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

(a) & (b) : As per the information made available by State Governments / High Courts on the  web-portal hosted on the website of Department of Justice, sanctioned and working strength  of  Judicial  Officers  in  District  and  Subordinate  Courts  are  21,340  and  17,757 respectively,  leaving  3,583  posts  of  Judicial  Officers  of  District  and  Subordinate  Courts vacant.

As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of High Court and State Government concerned. However,  following  steps  have  been  taken  by  the  Government  to  facilitate  filling  of vacancies in lower judiciary:-

- (i) In September, 2016, 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.  The same was reiterated in May, 2017.  In August, 2018, in the context of increasing pendency of cases, the Union Minister of Law & Justice has written 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.
- (ii) The filling up of vacancies is also being monitored by the Supreme Court in a suomotu Writ Petition (Civil) No. 2 of 2018.
- (iii) A series of meetings were held by Secretary, Department of Justice with Registrars General  of  all  High  Courts  and  Law  Secretaries  of  all  State  Governments  /  UTs through Video  Conferencing  in  the  month  of  January,  2018,  July,  2018  and November, 2018 to follow up on filling up posts of Judicial Officers in District and Subordinate Courts.
- (iv) 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.
- (v) In order to facilitate regular filling up of these vacancies in a smooth and time-bound 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  to  the Supreme Court Registry.
- (c) & (d): No time frame has been prescribed for disposal of various kinds of cases by the respective courts.  Government has no role in disposal of cases in courts.  The number of cases pending in the Supreme Court as on 24.06.2019 is 59,331.  The number of cases pending  in  the  High  Courts  is  43.58  lakhs  as  on  27.06.2019  and  the  number  of  cases pending  the  district  and  subordinate  courts  is  3.10  crore  as  on  27.06.2019.  Disposal  of cases in courts is within the domain of the judiciary.  The time taken for disposal of a case depends on several factors such as category of the case (civil or criminal), complexity of the facts involved, nature of evidence, co-operation of stake-holders viz. bar, investigation

agencies,  witnesses  and  litigants  besides  the  availability of physical infrastructure, supporting court staff and applicable rules of procedure.  It is the primary responsibility of the  State  Governments to provide Judicial Infrastructure / Court Rooms for High Courts and  District  /  Subordinate  Courts.    The  Union  Government  has  been  implementing  a Centrally  Sponsored  Scheme  (CSS)  for  Development  of  Infrastructure  Facilities  for Judiciary by providing financial assistance to State Governments / UTs in the prescribed fund sharing pattern between Centre and States.  The Scheme is being implemented since 1993-94.    It  covers  the  construction  of  court  halls  and  court  complexes  and  residential accommodations for Judicial Officers  of District and Subordinate Judiciary.   As on date, Rs.6,986.50  crores  have  been  released  since  the  inception  of  the  Centrally  Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94.  Out of this, 3,542.20crores (which are 50.70% of the total amount released till date) have been released to the States and UTs since April, 2014.  The number of court halls has increased from 15,818 as on 30.06.2014 to 19,101 as on date and number of residential units has increased  from  10,211  as  on  30.06.2014  to  16,777  as  on  date  under  this  scheme.    In addition, 2,879 court halls and 1,886 residential units are under construction.  The Central Government has approved continuation of the  Scheme beyond the 12 th Five  Year  Plan period i.e. from 01.04.2017 to 31.03.2020 with an estimated additional outlay of Rs.3,320 crore.

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