Lok Sabha Question No. 1416 (UNSTARRED), answered on 2019-11-27
Subject: Vacant Posts in Courts
Ministry: LAW AND JUSTICE
Asked by: Sisir Kumar Adhikari, Rajendra Agrawal, Feroze Varun Gandhi, Uttam Kumar Nalamada Reddy, Sunil Kumar Pintu

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 1416

## TO BE ANSWERED ON WEDNESDAY, THE 27.11.2019

## Vacant Posts in Courts

## 1416.  SHRI SISIR KUMAR ADHIKARI:

SHRI RAJENDRA AGRAWAL:

SHRI FEROZE VARUN GANDHI:

SHRI UTTAM KUMAR REDDY  NALAMADA:

SHRI SUNIL KUMAR PINTU:

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

- (a) the  sanctioned  strength  of  Judges  in  the  Supreme  Court  and various  High  Courts  at  present  in  the  country,  court-wise  along with the total number of judges appointed in these courts during each of the last three years and current year;
- (b) whether  number  of  posts  of  judges  are  lying  vacant  in  different High  Courts  and  Supreme  Court  across  the  country,  State-wise and bench-wise;
- (c)  if so, the time since when these posts are lying vacant along with the reasons therefor;
- (d) whether the Government promised to fill up all vacant posts within a  time-frame  and  if  so,  the  reason  behind  not  fulfilling  the commitment and the present status of vacancies therefor; and
- (e) whether  the  Government  has  set  any  time-frame  to  appoint adequate number of judges at the earliest in all the courts of the country  to  provide  speedy  justice  to  the  citizen  and  reduce  the number of pending cases?

## ANSWER

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

## (SHRI RAVI SHANKAR PRASAD)

(a)  to  (e):    A  Statement  showing  Sanctioned  strength,  Working  Strength and  Vacancies  of  Judges  and  total  number  of  Judges  appointed  during 2016 to 2019 ( till 20.11.2019)  in the Supreme Court of India and the High Courts is at Annexure. As per the Memorandum of Procedure (MoP), initiation of proposal for  appointment  of  Judges  in  the  Supreme  Court  vests  with  the  Chief Justice of India, while initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court who may initiate the proposal for appointment of a Judge in the High Court at  least  six  months  prior  to  the  occurrence  of  vacancies.  However,  this timeline is rarely adhered to.  Filling up of vacancies in the Supreme Court and the High courts is a continuous, integrated and collaborative process, between  the  Executive  and  the  Judiciary.  It  requires  consultation  and approval  from  various  Constitutional  Authorities.  Hence,  time  frame    to appoint  Judges cannot be indicated.

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. As per the Constitutional framework, the selection and appointment of Judges in subordinate Courts is the responsibility of the concerned High Courts and State Governments.

- ******

Annexure Statement  referred  to  in  reply  to  parts  (a)  to  (e)    in  Lok  Sabha Unstarred Question No. 1416 to be answered on 27.11.2019 regarding 'Vacant posts in Courts'.

## (Position as on 20.11.2019)

| Sl. No.   | Name of the Court      | Sanctioned Strength   | Working Strength   | Vacancies   | Total number of Judges appointed during   | Total number of Judges appointed during   | Total number of Judges appointed during   | Total number of Judges appointed during   |
|-----------|------------------------|-----------------------|--------------------|-------------|-------------------------------------------|-------------------------------------------|-------------------------------------------|-------------------------------------------|
|           |                        |                       |                    |             | 2016                                      | 2017                                      | 2018                                      | 2019 (20.11.2019)                         |
| A.        | Supreme Court of India | 34                    | 33                 | 01          | 04                                        | 05                                        | 08                                        | 10                                        |
| B.        | High Court             |                       |                    |             |                                           |                                           |                                           |                                           |
| 1         | Allahabad              | 160                   | 100                | 60          | 20                                        | 31                                        | 28                                        | 01                                        |
| 2         | Andhra Pradesh         | 37                    | 15                 | 22          | 01                                        | 10                                        | -                                         | 02                                        |
| 3         | Bombay                 | 94                    | 65                 | 29          | 06                                        | 14                                        | 04                                        | 05                                        |
| 4         | Calcutta               | 72                    | 40                 | 32          | 01                                        | 06                                        | 11                                        | 06                                        |
| 5         | Chhattisgarh           | 22                    | 15                 | 07          | 03                                        | 03                                        | 4                                         | --                                        |
| 6         | Delhi                  | 60                    | 37                 | 23          | 05                                        | 04                                        | 5                                         | 04                                        |
| 7         | Gauhati                | 24                    | 18                 | 06          | 05                                        | 02                                        | 2                                         | 01                                        |
| 8         | Gujarat                | 52                    | 28                 | 24          | 05                                        | --                                        | 4                                         | 03                                        |
| 9         | Himachal Pradesh       | 13                    | 10                 | 03          | 04                                        | --                                        | -                                         | 02                                        |
| 10        | Jammu &Kashmir         | 17                    | 08                 | 09          | --                                        | 03                                        | 2                                         | -                                         |
| 11        | Jharkhand              | 25                    | 19                 | 06          | 04                                        | 02                                        | 3                                         | 02                                        |
| 12        | Karnataka              | 62                    | 39                 | 23          | 05                                        | 02                                        | 12                                        | 09                                        |
| 13        | Kerala                 | 47                    | 32                 | 15          | 05                                        | 03                                        | 4                                         | 01                                        |
| 14        | Madhya Pradesh         | 53                    | 31                 | 22          | 18                                        | --                                        | 8                                         | 02                                        |
| 15        | Madras                 | 75                    | 54                 | 21          | 25                                        | 12                                        | 8                                         | 01                                        |
| 16        | Manipur                | 05                    | 04                 | 01          | 01                                        | --                                        | -                                         | -                                         |
| 17        | Meghalaya              | 04                    | 03                 | 01          | --                                        | --                                        | 1                                         | 01                                        |
| 18        | Orissa                 | 27                    | 14                 | 13          | --                                        | --                                        | 1                                         | -                                         |
| 19        | Patna                  | 53                    | 27                 | 26          | 06                                        | 06                                        | -                                         | 05                                        |
| 20        | Punjab& Haryana        | 85                    | 49                 | 36          | 01                                        | 08                                        | 7                                         | 03                                        |
| 21        | Rajasthan              | 50                    | 21                 | 29          | 11                                        | 05                                        | -                                         | 03                                        |
| 22        | Sikkim                 | 03                    | 03                 | 0           | --                                        | 01                                        | -                                         | -                                         |
| 23        | Telangana              | 24                    | 13                 | 11          | --                                        | --                                        | 1                                         | 03                                        |
| 24        | Tripura                | 04                    | 03                 | 01          | --                                        | 03                                        | 3                                         | -                                         |
| 25        | Uttarakhand            | 11                    | 10                 | 01          |                                           |                                           |                                           | 01                                        |
|           | Total                  | 1079                  | 658                | 421         | 126                                       | 115                                       | 108                                       | 55                                        |