Lok Sabha Question No. 301 (STARRED), answered on 2019-01-02
Subject: Vacancies in Lower Judiciary
Ministry: LAW AND JUSTICE
Asked by: ASADUDDIN OWAISI

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

## LOK SABHA

STARRED QUESTION NO. *301

TO BE ANSWERED ON WEDNESDAY, 02 ND  JANUARY, 2019.

Vacancies in Lower Judiciary

*301. SHRI ASADUDDIN OWAISI:

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

- (a) whether keeping in view the pending cases in lower judiciary, the Government  is  working  with  the  Supreme  Court  to  conduct  an examination to fill the vacancies in lower judiciary as a one time measure and if so, the details thereof;
- (b)  whether  the  Supreme  Court  has  approved  this  step  of  the
- Government; and
- (c) if so, the criteria fixed for holding the examination and the time by which the whole process is likely to be completed?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

- (a) to (c): A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (c) of LOK SABHA  STARRED  QUESTION  NO.  *301  FOR  ANSWER  ON  02 ND JANUARY, 2019

1. 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. 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.
2. 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.  The filling up of vacancies is also being monitored by the Supreme Court in a suo-motu writ petition (civil) no. 2 of 2018.
3. 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  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.  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.

4. 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.    The  above  matter  is subjudice at present.