Lok Sabha Question No. 3295 (UNSTARRED), answered on 2021-12-17
Subject: Vacant Posts of Judges
Ministry: LAW AND JUSTICE
Asked by: Kanakmal Katara, Keshari Devi Patel, Talari Rangaiah

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †3295

## TO BE ANSWERED ON FRIDAY, THE 17.12.2021

## Vacant Posts of Judges

## †3295. SHRI KANAKMAL KATARA: SHRIMATI KESHARI DEVI PATEL: SHRI TALARI RANGAIAH:

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

- (a) whether the Government has taken note of thevacant posts of Judges in High Court and other courtsin the country, if so, the details thereof;
- (b) the  steps  taken  by  the  Government  to  fill  up  thesaid  vacant  posts  of Judges;
- (c) whether the Government has proposed a plan tofill up such vacancies in a stipulated time period, if so,the details thereof;
- (d) whether delay is being caused in disposal ofcases due to posts of Judges lying vacant, if so, thedetails thereof;
- (e) whether the Government proposes to fix any timelimit to dispose of these cases at the earliest; and
- (f) if so, the details thereof and if not, the reasonstherefor?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a) to (c) : Judges  of  the  Supreme  Court  of  India  and  High  Courts  are appointed  as  per  the  procedure  laid  down  in  the  Memorandum  of  Procedure (MoP) prepared in 1998 pursuant to the Supreme Court Judgment of October 6, 1993  (Second  Judges  case)  read  with  their  Advisory  Opinion  of  October  28, 1998 (Third Judges case).  As per MoP, initiation of proposal for appointment of Judges in the Supreme Court vests with the Chief Justiceof India, while initiation of proposal

for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court. Chief Justice of the High Court is required to initiate the proposal  tofill  up  of  vacancy  of  a  High  Court  Judge  six  months  prior  to  the occurrence of vacancy.  However, this timeline is  often not  adhered to by the High Courts.

As on 14.12.2021, there is 01 post of Judge vacant in the Supreme Court of India and 404 posts of Judgesare vacant in the High Courts. Recommendations  received  in  respect  of  167  vacancies  forappointment  as Judges  in  various  High  Courtsare  at  various  stages  of  processing  between  the SCC and  Government  whilerecommendations  for  237  vacancies  are  yet  to  be receivedfrom  the  respective  High  Courts  Collegiums.  While  filling  up  of vacancies  in  the  High  Courts  is  a  continuous,  integrated  and  collaborative process requiringconsultation and approval from various constitutional authorities,  vacancies  keep  on  arising  on  account  of  retirement,  resignation  or elevation of Judges.Government is committed to filling up of vacancy expeditiously in time-bound manner.A Statement showing details of vacancies of judges in the Supreme Court and High Courts as on 14.12.2021 is at Annexure.

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

(d) to (f) : 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  therespective  courts.  Government  has  no  role  in  disposal  of  cases  in courts. TheCentral Government is fully committed to speedy disposal of cases in accordancewith Article 21 of the Constitution and reducing pendency.

It may be mentioned that the pendency of cases in courts is not only dueto shortage  of  judges  in  High  Courts  but  also  due  to  various  other  factors  like (i)increase  in  number  of  state  and  central  legislations,  (ii)  accumulation  of firstappeals, (iii) continuation of ordinary civil jurisdiction in some of the High Courts,(iv) appeals against orders of quasi-judicial forums going to High Courts, (v)number of revisions/appeals, (vi) frequent adjournments, (vii) indiscriminate use ofwrit jurisdiction, (viii) lack of adequate arrangement to monitor, tracking andbunching of cases for hearing, (ix) vacation period of Courts, (x) assigning work ofadministrative nature to the Judges, etc.

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Annexure

Statement  referred  to  in  reply  to  parts  (a)  to  (c)  of  Lok  Sabha  Unstarred Question No.†3295 due for answer on 17.12.2021 regarding 'Vacant Posts of Judges'

(As on 14.12.2021)

|    | Court            | Sanctioned Strength   | Working Strength   | Vacancies   |
|----|------------------|-----------------------|--------------------|-------------|
| A. | Supreme Court    | 34                    | 33                 | 01          |
| B. | High Courts      |                       |                    |             |
| 1  | Allahabad        | 160                   | 94                 | 66          |
| 2  | Andhra Pradesh   | 37                    | 20                 | 17          |
| 3  | Bombay           | 94                    | 60                 | 34          |
| 4  | Calcutta         | 72                    | 39                 | 33          |
| 5  | Chhattisgarh     | 22                    | 13                 | 09          |
| 6  | Delhi            | 60                    | 30                 | 30          |
| 7  | Gauhati          | 24                    | 24                 | 0           |
| 8  | Gujarat          | 52                    | 32                 | 20          |
| 9  | Himachal Pradesh | 13                    | 09                 | 04          |
| 10 | J &Kand Ladakh   | 17                    | 13                 | 04          |
| 11 | Jharkhand        | 25                    | 20                 | 05          |
| 12 | Karnataka        | 62                    | 45                 | 17          |
| 13 | Kerala           | 47                    | 40                 | 07          |
| 14 | Madhya Pradesh   | 53                    | 30                 | 23          |
| 15 | Madras           | 75                    | 60                 | 15          |
| 16 | Manipur          | 05                    | 05                 | 0           |
| 17 | Meghalaya        | 04                    | 03                 | 01          |
| 18 | Orissa           | 27                    | 18                 | 09          |
| 19 | Patna            | 53                    | 26                 | 27          |
| 20 | Punjab& Haryana  | 85                    | 50                 | 35          |
| 21 | Rajasthan        | 50                    | 28                 | 22          |
| 22 | Sikkim           | 03                    | 03                 | 0           |
| 23 | Telangana        | 42                    | 19                 | 23          |
| 24 | Tripura          | 05                    | 05                 | 0           |
| 25 | Uttarakhand      | 11                    | 08                 | 03          |
|    | Total            | 1098                  | 694                | 404         |