Lok Sabha Question No. 374 (UNSTARRED), answered on 2018-12-12
Subject: Vacancy in Lower Courts
Ministry: LAW AND JUSTICE
Asked by: PANKAJ CHOWDHARY

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

## LOK SABHA

## UNSTARRED QUESTION NO. †374

## TO BE ANSWERED ON WEDNESDAY, THE 12 th  DECEMBER, 2018.

## Vacancy in Lower Courts

## †374. SHRI PANKAJ CHAUDHARY:

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

- (a)  the  State-wise  details  of  the  vacant  posts  of  judges  in  lower  courts  of  the country;
- (b) whether the process of filling the vacant posts of judges is going on;
- (c) if so, the time by which this process is expected to be completed; and
- (d) whether the Government is likely to take any measure to fill the vacant posts of the judges at the earliest keeping in mind the large number of pending cases across the country?

## ANSWER

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

(a)  to  (d):  State-wise  details  of  the  vacant  posts  of  Judges  in  District  and  Subordinate Courts, as received from High Courts and State Governments, are  given in the Statement at Annexure. As  per  the  Constitutional  framework,  the  selection  and  appointment  of judges in subordinate courts is the responsibility of the High Courts and State Governments  concerned.    In  so  far  as  recruitment  of  judicial  officers  in  the  States  is concerned,  in  certain  States  recruitment  is  done  by  the  High  Courts,  whereas  in  other States, the recruitment is done by High Courts in consultation with State Public Service Commission In Malik Mazhar case, the Supreme Court  has devised a process and time frame to be followed for  filling up of vacancies in subordinate judiciary.  This order of January 2007 by the  Supreme Court stipulates  that  the  process  for  recruitment  of  judges  in  the October of the same year.  The Supreme Court has permitted State Governments / High Courts for variations in the time schedule in case of any difficulty based on the peculiar geographical  and  climatic  conditions  in  the  State  or  other  relevant  conditions.    Central subordinate courts would commence on 31 st March  of  a  calendar  year  and  end  by  31 st Government has no role in filling vacant posts of judges in subordinate judiciary.

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## Statement  referred  to  Lok  Sabha  Un-starred  Question  No.  †374  for  reply  on 12.12.2018 regarding Vacancy in Lower Courts

## Vacant Posts of Judges in District and Subordinate Courts as on 30.09.2018.

| Sr. No.   | Name of State / UT           | Vacant Posts   |
|-----------|------------------------------|----------------|
| 1         | Uttar Pradesh                | 1,188          |
| 2         | Bihar                        | 622            |
| 3         | Madhya Pradesh               | 511            |
| 4         | Gujarat                      | 356            |
| 5         | Delhi                        | 258            |
| 6         | Tamilnadu                    | 238            |
| 7         | Karnataka                    | 231            |
| 8         | Rajasthan                    | 229            |
| 9         | Jharkhand                    | 216            |
| 10        | Maharashtra                  | 167            |
| 11        | Haryana                      | 162            |
| 12        | Odisha                       | 156            |
| 13        | Punjab                       | 144            |
| 14        | Andhra Pradesh and Telangana | 97             |
| 15        | Jammu & Kashmir              | 86             |
| 16        | West Bengal                  | 75             |
| 17        | Kerala                       | 63             |
| 18        | Uttarakhand                  | 59             |
| 19        | Meghalaya                    | 58             |
| 20        | Chhattisgarh                 | 55             |
| 21        | Assam                        | 47             |
| 22        | Tripura                      | 40             |
| 23        | Mizoram                      | 21             |
| 24        | Manipur                      | 15             |
| 25        | Himachal Pradesh             | 10             |
| 26        | Goa                          | 8              |
| 27        | Nagaland                     | 7              |
| 28        | Puducherry                   | 7              |
| 29        | Arunachal Pradesh            | 5              |
| 30        | Sikkim                       | 4              |
| 31        | Andaman & Nicobar Islands    | 0              |
| 32        | Chandigarh                   | 0              |
| 33        | Daman and Diu                | 0              |
| 34        | Dadra and Nagar Haveli       | 0              |
| 35        | Lakshadweep                  | 0              |
| Total     |                              | 5,135          |

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