Lok Sabha Question No. 2835 (UNSTARRED), answered on 2019-07-10
Subject: Reservation in Judicial Recruitment
Ministry: LAW AND JUSTICE
Asked by: Kapil Moreshwar Patil

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †2835

TO BE ANSWERED ON WEDNESDAY, THE 10 TH  JULY, 2019.

## Reservation in Judicial Recruitment

## †2835. SHRI KAPIL MORESHWAR PATIL:

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

- (a)  whether  there  is  any  provision  of  reservation  for  various  categories  such  as SCs/STs and OBCs in judicial recruitment;
- (b) if so, the details thereof;
- (c) the category-wise number of such posts lying vacant in the courts;
- (d) the steps taken / being taken by the Government for filling these vacancies in a
- time bound manner;
- (e) whether the suggestions from various parties have been received for providing reservation in higher judicial recruitment and accordingly carry out amendment in the constitution of India is being carried out;
- (f) if so, the details thereof; and
- (g) the follow up action taken in this regard?

## ANSWER

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

(a) to (d): Under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court.    Further,  in  exercise  of  powers  conferred  under  proviso  to  Article  309  read  with Articles 233 and 234 of the Constitution, the respective State Government, in consultation with the High Court, frames  the Rules  and  Regulations regarding the issues of appointment, promotion, reservations etc . of Judicial Officers in the State Judicial Service. Therefore,  Central  Government  has  no  role  in  this  regard.    As  per  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  23,235  and  17,785  respectively,  leaving  5,450  posts  of  Judicial Officers of District and Subordinate Courts vacant.  State-wise list is at Annexure .

The 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.

Appointment  of  Judges  of  the  Supreme  Court  and  High  Courts  is  made  under Article 124 and 217 of the Constitution of India respectively.  These Articles do not provide for  reservation for any caste or class of persons.  The Government has, however, been requesting the Chief Justices of the High Courts that while sending their recommendations for  appointment  of  Judges  in  respective  High  Courts,  due  consideration  be  given  to suitable  candidates  belonging  to  Schedule  Castes,  Schedule  Tribes,  Other  Backward

Classes, Minorities and Women.  Suggestions / representations from various quarters for providing reservations in Judicial Appointments are received from time to time.

(e)  to  (g)  :  There  is  no  proposal  at  present  to  amend  the  Constitution  so  as  to  provide reservations in Appointments of Judges in Supreme Court and High Courts.

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Statement referred to Lok Sabha Unstarred Question No. 2835 for reply on 10 th July, 2019 regarding Reservation in Judicial Recruitment. Sanctioned  /  Working  Strength  and  Vacancies  of  Judicial  Officers  in  District  and

Subordinate Courts (As on 04.07.2019)

| Sr. No.     | Name of State / UT   | Sanctioned Strength   | Working Strength   | Vacancies   |
|-------------|----------------------|-----------------------|--------------------|-------------|
| 1           | Andaman and Nicobar  | 12                    | 12                 | 0           |
| 2           | Andhra Pradesh       | 597                   | 537                | 60          |
| 3           | Arunachal Pradesh    | 32                    | 26                 | 6           |
| 4           | Assam                | 430                   | 344                | 86          |
| 5           | Bihar                | 1847                  | 1174               | 673         |
| 6           | Chandigarh           | 30                    | 30                 | 0           |
| 7           | Chhattisgarh         | 468                   | 397                | 71          |
| 8           | D & N Haveli         | 3                     | 3                  | 0           |
| 9           | Daman & Diu          | 4                     | 3                  | 1           |
| 10          | Delhi                | 758                   | 535                | 223         |
| 11          | Goa                  | 50                    | 44                 | 6           |
| 12          | Gujarat              | 1506                  | 1135               | 371         |
| 13          | Haryana              | 658                   | 485                | 173         |
| 14          | Himachal Pradesh     | 167                   | 154                | 13          |
| 15          | Jammu and Kashmir    | 312                   | 233                | 79          |
| 16          | Jharkhand            | 676                   | 453                | 223         |
| 17          | Karnataka            | 1307                  | 1104               | 203         |
| 18          | Kerala               | 537                   | 465                | 72          |
| 19          | Lakshadweep          | 3                     | 3                  | 0           |
| 20          | Madhya Pradesh       | 2021                  | 1524               | 497         |
| 21          | Maharashtra          | 2147                  | 2025               | 122         |
| 22          | Manipur              | 55                    | 40                 | 15          |
| 23          | Meghalaya            | 97                    | 39                 | 58          |
| 24          | Mizoram              | 64                    | 46                 | 18          |
| 25          | Nagaland             | 33                    | 27                 | 6           |
| 26          | Odisha               | 917                   | 737                | 180         |
| 27          | Puducherry           | 26                    | 11                 | 15          |
| 28          | Punjab               | 675                   | 588                | 87          |
| 29          | Rajasthan            | 1348                  | 1130               | 218         |
| 30          | Sikkim               | 25                    | 19                 | 6           |
| 31          | Tamil Nadu           | 1174                  | 887                | 287         |
| 32          | Telangana            | 413                   | 341                | 72          |
| 33          | Tripura              | 120                   | 88                 | 32          |
| 34          | Uttar Pradesh        | 3416                  | 1989               | 1427        |
| 35          | Uttarakhand          | 293                   | 228                | 65          |
| 36          | West Bengal          | 1014                  | 929                | 85          |
| Grand Total | Grand Total          | 23,235                | 17,785             | 5,450       |

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