Lok Sabha Question No. 1100 (UNSTARRED), answered on 2021-12-03
Subject: Vacancies of Judges in Subordinate Courts
Ministry: LAW AND JUSTICE
Asked by: Sushil Kumar Singh

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1100 TO BE ANSWERED ON FRIDAY, THE 3RD DECEMBER, 2021

## VACANCIES OF JUDGES IN SUBBORDINATE COURTS

## 1100. SHRI SUSHIL KUMAR SINGH:

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

- (a)  the number of vacancies of judges in district and subordinate courts, Statewise;
- (b)  whether  there  are  plans  to  increase  the  sanctioned  strength  of  judges  in district and subordinate courts;
- (c)   if so, the details thereof; and
- (d)  the  details  of  manner  in  which  the  sanctioned  strength  of  a  court  is determined in the country?

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

(a) to (d): The  State/UT  wise  details  of  sanctioned  strength,  working  strength  and vacancy position of judges in the country is at Annexure.

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  Governments,  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.

The  Union  Government  does  not  have  a  role  under  the  Constitution  in  the selection  and  appointment  of  judicial  officers  in  District/  subordinate  judiciary.  The Supreme Court, in its orders of 04 th January, 2007 in Malik Mazhar case, has devised a process and time frame to be followed for the filling up of vacancies in subordinate judiciary which stipulates that the process for recruitment of judges in the subordinate courts would commence on 31st March of a calendar year and end by 31st October of the same year. The Supreme Court has permitted State Governments / High Courts for variations  in  the  time  schedule  in  case  of  any  difficulty  based  on  the  peculiar geographical and climatic conditions in the State or other relevant conditions.

Further, in compliance of the above directions of the Supreme Court, Department of Justice forwarded a copy of the Malik Mazhar judgement to Registrars General of all High Courts for necessary action. Department of Justice is writing from time  to  time  to  Registrars  General  of  all  High  Courts  to  expedite  the  filling  up  of vacancies in subordinate judiciary mandated by Malik Mazhar case.

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.  The sanctioned strength of judges in District and Subordinate Courts increased from 19,518 in the year 2014 to 24,485 as on 30.11.2021.  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.

******

## Annexure

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (A)  to  (D)  OF  LOK SABHA  UNSTARRED  QUESTION  NO.  1100  FOR  ANSWER  ON  03.12.2021 REGARDING VACANCIES OF JUDGES IN SUBORDINATE COURTS.

## Latest Vacancy Report As on 30-11-2021

| S. No.   | States &UTs         |   Total Sanctioned Strength |   Total Working Strength |   Total Vacancy |
|----------|---------------------|-----------------------------|--------------------------|-----------------|
| 1.       | Andaman and Nicobar |                           0 |                       13 |             -13 |
| 2.       | Andhra Pradesh      |                         607 |                      492 |             115 |
| 3.       | Arunachal Pradesh   |                          41 |                       32 |               9 |
| 4.       | Assam               |                         467 |                      436 |              31 |
| 5.       | Bihar               |                        1953 |                     1405 |             548 |
| 6.       | Chandigarh          |                          30 |                       30 |               0 |
| 7.       | Chhattisgarh        |                         482 |                      411 |              71 |
| 8.       | D &NHaveli          |                           3 |                        2 |               1 |
| 9.       | Daman &Diu          |                           4 |                        4 |               0 |
| 10.      | Delhi               |                         862 |                      691 |             171 |
| 11.      | Goa                 |                          50 |                       40 |              10 |
| 12.      | Gujarat             |                        1523 |                     1129 |             394 |
| 13.      | Haryana             |                         772 |                      482 |             290 |
| 14.      | Himachal Pradesh    |                         175 |                      164 |              11 |
| 15.      | Jammu and Kashmir   |                         300 |                      243 |              57 |
| 16.      | Jharkhand           |                         675 |                      523 |             152 |
| 17.      | Karnataka           |                        1361 |                     1082 |             279 |
| 18.      | Kerala              |                         569 |                      490 |              79 |
| 19.      | Ladakh              |                          17 |                        9 |               8 |
| 20.      | Lakshadweep         |                           3 |                        3 |               0 |
| 21.      | Madhya Pradesh      |                        2021 |                     1555 |             466 |
| 22.      | Maharashtra         |                        2190 |                     1940 |             250 |
| 23.      | Manipur             |                          59 |                       42 |              17 |
| 24.      | Meghalaya           |                          97 |                       49 |              48 |
| 25.      | Mizoram             |                          64 |                       42 |              22 |
| 26.      | Nagaland            |                          34 |                       24 |              10 |
| 27.      | Odisha              |                         976 |                      790 |             186 |
| 28.      | Puducherry          |                          26 |                       11 |              15 |
| 29.      | Punjab              |                         692 |                      608 |              84 |
| 30.      | Rajasthan           |                        1547 |                     1274 |             273 |
| 31.      | Sikkim              |                          28 |                       20 |               8 |
| 32.      | Tamil Nadu          |                        1315 |                     1052 |             263 |
| 33.      | Telangana           |                         474 |                      359 |             115 |
| 34.      | Tripura             |                         121 |                       97 |              24 |
| 35.      | Uttar Pradesh       |                        3634 |                     2559 |            1075 |
| 36.      | Uttarakhand         |                         299 |                      271 |              28 |
| 37.      | West Bengal         |                        1014 |                      918 |              96 |
|          | TOTAL               |                       24485 |                    19292 |            5193 |

Source: - MIS portal of DoJ