Lok Sabha Question No. 512 (UNSTARRED), answered on 2022-02-04
Subject: Vacancies in Rajasthan and Uttar Pradesh High Court
Ministry: LAW AND JUSTICE
Asked by: Keshari Devi Patel, Kanakmal Katara

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

## LOK SABHA

## UNSTARRED QUESTION NO. †512

## TO BE ANSWERED ON FRIDAY, THE 04.02.2022

## Vacancies in Rajasthan and Uttar Pradesh High Court

## †512.SHRIMATI KESHARI DEVI PATEL: SHRI KANAKMAL KATARA:

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

- (a) the sanctioned strength of judges in Rajasthan and Uttar Pradesh against actual strength thereof at present, district-wise including High Courts;
- (b) the steps taken to fill up the vacancies of the judges;
- (c) whether the Government proposes to fix any time limit for quick disposal of cases facing delay on account of vacancies of the judges;
- (d) if so, the details thereof and if not, the reasons therefor; and
- (e) whether any proposal sent for setting up a bench of High court in Udaipur has  been  received  by  the  Central  Government,  if  so,  the  details  of  the action/ taken thereon?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (b): The sanctioned strength, working strength and vacancy position of Judges  in  respect  of  Rajasthan  High  Court  andAllahabad  High  Court    and

Judicial  Officers  in  respect  of  district  and  subordinate  courts  of  Rajasthan  and Uttar Pradesh is as under :-

(as on 31.01.2022)

| Sl No.                          | High Courts                     | Sanctioned Strength             | Working Strength                | Vacancy                         |
|---------------------------------|---------------------------------|---------------------------------|---------------------------------|---------------------------------|
| 1                               | Rajasthan                       | 50                              | 28                              | 22                              |
| 2                               | Allahabad                       | 160                             | 93                              | 67                              |
| District and Subordinate Courts | District and Subordinate Courts | District and Subordinate Courts | District and Subordinate Courts | District and Subordinate Courts |
| 1                               | Rajasthan                       | 1549                            | 1274                            | 275                             |
| 2                               | Uttar Pradesh                   | 3634                            | 2542                            | 1092                            |

As per the existing Memorandum of Procedure for appointment of Judges of High Courts, the Chief Justice of the High Court is required to initiate the proposal for filling up of vacancies of a Judge in a High Court six months prior to  the  occurrence  of  vacancies.    Government  appoints  only  those  persons  as Judges  of  High  Courts  who  are  recommended  by  Supreme  Court  Collegium (SCC).  At present, against 22 vacancies in Rajasthan High Court, 04 proposals have  been  received  from  High  Court  Collegium  (HCC)  which  are  at  various stages of processing while 18 proposals are yet to be received from  HCC. As regards,  67  vacancies  in  Allahabad  High  Court,  27  proposals  have  been received  from  HCC  which  are  at  various  stages  of  processing  while  40 proposals are yet to be received.

Fillingup of vacanciesinHighCourts isa continuous, integrated and collaborative  process  between  the  Executive  and  the  Judiciary.  It  requires consultation  and  approval  from  various  Constitutional  Authorities  both  at  the State  and  Centre  level.While  every  effort  is  made  to  fill  up  the  existing vacancies expeditiously, vacancies of Judges in High Courts do keep on arising on  account  of  retirement,  resignation  or  elevation  of  Judges  and  also  due  to increase in the strength of Judges.

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  issue  of  appointment,  promotion,  reservations  and retirement of Judicial Officers in the State Judicial Service.  Hence, in so far as recruitment  of  judicial  officers  in  the  States  is  concerned,  respective  High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.

(c)  &  (d):  Disposal  of  pending  cases  in  courts  is  within  the  domain  of  the judiciary.   No time frame has been prescribed for disposal of various kinds of cases by the respective courts. Government has no role in disposal of cases in courts.  Timely  disposal  of  cases  in  courts  depends  on  several  factors  which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation ofstake holders viz. bar, investigationagencies, witnesses and litigants and proper application of rules and procedures. There are several other factors which may lead to delay in disposal of cases.  These, interalia,  include  vacancies  of  judges,  frequent  adjournments  and  lack  of  adequate arrangement to monitor, track and bunch cases for hearing.

(e):It is stated that High Court Benches are established in accordance with the recommendations  made  by  the  Jaswant  Singh  Commission  and  judgment pronounced  by  the  Apex  Court  in  W.P. (C)  No. 379  of  2000  and  after due consideration of a complete proposal from the State Government which has to  provide  necessary  expenditure  and  infrastructural  facilities  and  the  Chief Justice of  the  concerned   High   Court  who  is   required   to   look   after  the day      to  day  administration  of  the  High  Court.  The  proposal  tobe  complete should  also  have  the  consent  of  the  Governor  of  the  concerned  State.  A representation  in  this  regard  was  received  from  Shri  KankamalKatara,  M.P. (Lok Sabha) to set up a Bench of  Rajasthan High Court at Udaipur. Since at present, no complete proposal regarding setting up of a Benchof Rajasthan High

Court is pending with the Government, he has been kept apprised accordingly on 14.09.2021.

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