Lok Sabha Question No. 595 (UNSTARRED), answered on 2019-02-06
Subject: Vacancy in Judiciary
Ministry: LAW AND JUSTICE
Asked by: VIRENDER KASHYAP, OM BIRLA

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 595

## TO BE ANSWERED ON WEDNESDAY, THE 06.02.2019

## Vacancy in Judiciary

595. SHRI VIRENDER KASHYAP: SHRI OM BIRLA:

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

- (a) the details of total number of posts of Judges sanctioned and lying vacant  in  High  Courts/Supreme  Court  and  the  lower  judiciary, Court/State-wise and the steps being taken to fill these vacancies along with the reasons for these vacancies;
- (b)    the  posts  of  Judges  which  have  been  filled  by  the  Government during 2015-2018; and
- (c)  whether  the  Government  is  going  to  introduce  Indian  Judicial Services  (IJS) at  all  India  level  and  if so, by when and if not, the
- reasons therefor?

## ANSWER

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

(a): A statement indicating sanctioned strength, working strength and  vacant  posts  of  Judges  in  Supreme  Court  and  High  Courts  is    at Annexure-I.    A  statement  indicating  the  vacancies  of  Judges/Judicial officers in the District and Subordinate Courts is at Annexure-II.

Filling up of vacancies in the Supreme Court and the High Courts is a continuous and collaborative process, between the Executive and the Judiciary. It requires consultation and approval from various

Constitutional Authorities. While every effort is made to fill up the existing vacancies expeditiously, vacancies in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and increase in Judge Strength which has been increased from 906 in May, 2014 to 1079 at present.

- (b):     During the year 2015 to 2018 , 18 Judges have been appointed in the Supreme Court of India and 384 Judges have been appointed in various High Courts.  However, 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.
- (c):     A comprehensive proposal was formulated for the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee  of  Secretaries  in  November,  2012.  The  proposal  was deliberated  upon  in  the  Conference  of  Chief  Ministers  and  Chief Justices of the High Court's held in April, 2013 and it was decided that issue  needs  further  deliberation  and  consideration.  The  views  of  the State  Governments  and  High  Courts  were  sought  on  the  proposal. However, there was divergence of opinion among the State Governments  and  High  Courts  on  constitution  of  All  India  Judicial Service. Keeping in view the divergence of opinion among  the stakeholders on constitution of All India Judicial Service, the Government  is  presently  making  efforts  to  arrive  at  a  practicable solution.

*****

## Annexure-I

Statement  referred  to  in  reply  to  Part  (a)  of  Lok  Sabha  Unstarred Question  No.  595 for 06.02.2019 regarding Vacancy  in Judiciary. (As on 31.01.2019)

| Sl. No.   | Name of the High Courts   | Sanctioned Strength of Judges   | Working Strength of Judges   | Vacancies   |
|-----------|---------------------------|---------------------------------|------------------------------|-------------|
| A.        | Supreme Court of India    | 31                              | 28                           | 03          |
| B.        | High Courts               |                                 |                              |             |
| 1         | Allahabad                 | 160                             | 108                          | 52          |
| 2         | Andhra Pradesh            | 37                              | 13                           | 24          |
| 3         | Bombay                    | 94                              | 70                           | 24          |
| 4         | Calcutta                  | 72                              | 36                           | 36          |
| 5         | Chhattisgarh              | 22                              | 15                           | 07          |
| 6         | Delhi                     | 60                              | 38                           | 22          |
| 7         | Gauhati                   | 24                              | 20                           | 04          |
| 8         | Gujarat                   | 52                              | 28                           | 24          |
| 9         | Himachal Pradesh          | 13                              | 08                           | 05          |
| 10        | Jammu & Kashmir           | 17                              | 09                           | 08          |
| 11        | Jharkhand                 | 25                              | 18                           | 07          |
| 12        | Karnataka                 | 62                              | 31                           | 31          |
| 13        | Kerala                    | 47                              | 37                           | 10          |
| 14        | Madhya Pradesh            | 53                              | 34                           | 19          |
| 15        | Madras                    | 75                              | 60                           | 15          |
| 16        | Manipur                   | 05                              | 03                           | 02          |
| 17        | Meghalaya                 | 04                              | 03                           | 01          |
| 18        | Orissa                    | 27                              | 15                           | 12          |
| 19        | Patna                     | 53                              | 27                           | 26          |
| 20        | Punjab& Haryana           | 85                              | 53                           | 32          |
| 21        | Rajasthan                 | 50                              | 25                           | 25          |
| 22        | Sikkim                    | 03                              | 03                           | 0           |
| 23        | Telangana                 | 24                              | 13                           | 11          |
| 24        | Tripura                   | 04                              | 03                           | 01          |
| 25        | Uttarakhand               | 11                              | 09                           | 02          |
| Total     |                           | 1079                            | 679                          | 400         |

Annexure-II Statement  referred  to  in  reply  to  Part  (a)  of  Lok  Sabha  Unstarred Question  No.  595 for 06.02.2019 regarding Vacancy  in Judiciary.

| Sl. No.   | Name of State / UT           |   Total Sanctioned Strength |   Total Working Strength |   Total Vacancy | Sanctioned and Working Strength as on   |
|-----------|------------------------------|-----------------------------|--------------------------|-----------------|-----------------------------------------|
| 1         | Andaman & Nicobar Islands    |                          11 |                       11 |               0 | 30.09.2018                              |
| 2         | Andhra Pradesh and Telangana |                         987 |                      902 |              85 | 31.12.2018                              |
| 3         | Arunachal Pradesh            |                          30 |                       25 |               5 | 20.09.2018                              |
| 4         | Assam                        |                         430 |                      356 |              74 | 05.01.2019                              |
| 5         | Bihar                        |                        1845 |                     1223 |             622 | 30.09.2018                              |
| 6         | Chandigarh                   |                          30 |                       30 |               0 | 05.01.2019                              |
| 7         | Chhattisgarh                 |                         452 |                      394 |              58 | 11.01.2019                              |
| 8         | Dadra and Nagar Haveli       |                           3 |                        3 |               0 | 30.09.2018                              |
| 9         | Daman and Diu                |                           3 |                        3 |               0 | 14.01.2019                              |
| 10        | Delhi                        |                         758 |                      542 |             216 | 28.11.2018                              |
| 11        | Goa                          |                          50 |                       47 |               3 | 14.01.2019                              |
| 12        | Gujarat                      |                        1506 |                     1146 |             360 | 31.12.2018                              |
| 13        | Haryana                      |                         658 |                      486 |             172 | 05.01.2019                              |
| 14        | Himachal Pradesh             |                         164 |                      149 |              15 | 05.01.2019                              |
| 15        | Jammu & Kashmir              |                         310 |                      224 |              86 | 30.09.2018                              |
| 16        | Jharkhand                    |                         676 |                      458 |             218 | 05.01.2019                              |
| 17        | Karnataka                    |                        1307 |                     1105 |             202 | 04.01.2019                              |
| 18        | Kerala                       |                         535 |                      467 |              68 | 08.01.2019                              |
| 19        | Lakshadweep                  |                           3 |                        3 |               0 | 30.09.2018                              |
| 20        | Madhya Pradesh               |                        1872 |                     1430 |             442 | 31.12.2018                              |
| 21        | Maharashtra                  |                        2141 |                     1965 |             176 | 14.01.2019                              |
| 22        | Manipur                      |                          55 |                       40 |              15 | 15.01.2019                              |
| 23        | Meghalaya                    |                          97 |                       39 |              58 | 02.01.2019                              |
| 24        | Mizoram                      |                          64 |                       46 |              18 | 07.12.2018                              |
| 25        | Nagaland                     |                          33 |                       26 |               7 | 30.09.2018                              |
| 26        | Orissa                       |                         912 |                      748 |             164 | 05.01.2019                              |
| 27        | Puducherry                   |                          26 |                       12 |              14 | 03.01.2019                              |
| 28        | Punjab                       |                         675 |                      527 |             148 | 05.01.2019                              |
| 29        | Rajasthan                    |                        1372 |                     1101 |             271 | 04.01.2019                              |
| 30        | Sikkim                       |                          23 |                       19 |               4 | 31.12.2018                              |
| 31        | Tamilnadu                    |                        1159 |                      896 |             263 | 03.01.2019                              |
| 32        | Tripura                      |                         115 |                       75 |              40 | 27.11.2018                              |
| 33        | Uttar Pradesh                |                        3225 |                     2017 |            1208 | 10.01.2019                              |
| 34        | Uttarakhand                  |                         293 |                      230 |              63 | 05.01.2019                              |
| 35        | West Bengal                  |                        1013 |                      956 |              57 | 31.12.2018                              |
|           | Total                        |                       22833 |                    17701 |            5132 |                                         |