Lok Sabha Question No. 3267 (UNSTARRED), answered on 2021-12-17
Subject: Shortage of Manpower in Judiciary
Ministry: LAW AND JUSTICE
Asked by: Deepak Baij

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

## LOK SABHA

## UNSTARRED QUESTION NO. †3267

## TO BE ANSWERED ON FRIDAY, THE 17 TH  DECEMBER, 2021

## SHORTAGE OF MANPOWER IN JUDICIARY

## †3267. SHRI DEEPAK BAIJ:

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

- (a)  whether  the  cases  has  been  in  the  court/judicial  system  for  longer  than  the normal  time  due  to  shortage  of  manpower  in  the  judiciary  in  proportion  to  the population of the country;
- (b) if so, the details thereof; and
- (c)  the  number  of  the  vacancies  at  various  levels  of  the  judiciary  and  the  steps taken by the Government to fill up those vacancies during the last five years?

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

(a) & (b): 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  of  stake holders viz. bar, investigation agencies, 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, inter-alia, include vacancies of judges, frequent adjournments and lack of  adequate  arrangement  to  monitor,  track  and  bunch  cases  for  hearing.  The  Central Government is fully committed to speedy disposal of cases in accordance with Article 21

of  the  Constitution  and  reducing  pendency.    The  Government  has  taken  several initiatives to provide an ecosystem for faster disposal of cases by the judiciary.

National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards  and  capacities.    The  Mission  has  been  pursuing  a  co-ordinated approach  for  phased  liquidation  of  arrears  and  pendency  in  judicial  administration, which, inter-alia, involves  better  infrastructure  for  courts  including  computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone  to  excessive  litigation,  re-engineering  of  court  procedure  for  quick  disposal  of cases and emphasis on human resource development.

The major steps taken  during  the  last  six  years  under  various  initiatives  are  as follows:

## (i) Improving infrastructure  for  Judicial  Officers  of  District  and  Subordinate

Courts: As on date, Rs. 8,709.77 crores have been released since the inception of the Centrally  Sponsored  Scheme  (CSS)  for  Development  of  Infrastructure  Facilities  for Judiciary  in  1993-94.  The  number  of  court  halls  has  increased  from  15,818  as  on 30.06.2014  to  20,565  as  on  31.10.2021  and  number  of  residential  units  has  increased from 10,211 as on 30.06.2014 to 18,142 as on 31.10.2021 under this scheme. In addition, 2,841  court  halls  and  1,807  residential  units  are  under  construction.  The  Centrally Sponsored  Scheme  for  the  Development  of  Infrastructure  Facilities  for  Judiciary  has been extended till 2025-26 at a total cost of Rs. 9000 crores, out of which Central share will  be  Rs.  5307  crores.  Besides, construction of  Court  Halls and  Residential  Units,  it would  also  cover  construction  of  Lawyer's  Halls,  Toilet  Complexes  and Digital Computer Rooms.

(ii) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission

Mode Project throughout the country for Information and Communication Technology enablement  of  district  and  subordinate  courts.    Number  of  computerized  District  & Subordinate  courts  has  increased  to  18,735  as  on  01.07.2021.  WAN  connectivity  has been  provided  to  98.7%  of  court  complexes.  New  and  user-friendly  version  of  Case Information Software has been developed and deployed at all the computerized District and  Subordinate  Courts.    All  stakeholders  including  Judicial  Officers  can  access information relating to judicial proceedings/decisions of  computerized  District  & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). As on 01.11.2021,  litigants  can  access  case  status  of  over  19.56  crore  cases  and  15.72  crore order/judgments  pertaining  to  these  courts.  eCourts  services  such  as  details  of  case registration,  cause  list,  case  status,  daily  orders  &  final  judgments  are  available  to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized  courts,  eCourts  Mobile  App,  email  service,  SMS  push  &  pull  services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. With a view to handle the COVID- 19 challenges better and to make the transition to virtual hearings smoother, funds have been provided for setting up 235 e-Sewa Kendras at court complexes to facilitate lawyers and litigants needing assistance ranging from case status, getting judgments/orders,  court/case related information and efiling  facilities.  Rs.  5.01  crores  has  been  allocated  for  providing  equipment  in  Video Conferencing cabins in various court complexes to facilitate virtual hearings. Rs. 12.12 crores  has  been  allocated  for  1732  Help  desk  counters  for  efiling  in  various  court complexes.

Fifteen Virtual Courts have been set up in 11 States/UTs viz. Delhi (2), Haryana, Tamil  Nadu,  Karnataka,  Kerala  (2),  Maharashtra  (2),  Assam,  Chhattisgarh,  Jammu  & Kashmir (2), Uttar Pradesh and Odisha to try traffic offences. As on 01.11.2021, these courts have handled more than 99 lakh cases and realized more than Rs.193.15 crore in fines.

Video  conferencing  emerged  as  the  mainstay  of  the  Courts  during  the  Covid lockdown period as physical hearings and normal court proceedings in the congregational  mode  were  not  possible.  Since  Covid  lockdown  started,  the  District courts heard 1,01,77,289 cases while the High Court heard 55,24,021 cases (totalling to 1.57  crore)  till  31.10.2021  using  video  conferencing  only.  The  Supreme  Court  had 1,50,692 hearings since the lockdown period upto 29.10.2021.

- (iii) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts and  District and Subordinate Courts: From 01.05.2014 to 14.12.2021, 44 Judges were appointed in Supreme Court. 690 new Judges were appointed and 583 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1098 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 13.12.2021 | 24,489                | 19,356             |

However, filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

- (iv) Reduction  in  Pendency  through  /  follow  up  by  Arrears  Committees: In pursuance  of  Resolution  passed  in  Chief  Justices'  Conference  held  in  April,  2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years.  Arrears Committees have been set up under District Judges too.  Arrears Committee  has  been  constituted  in  the  Supreme  Court  to  formulate  steps  to  reduce pendency of cases in High Courts and District Courts. In the past, Minister of Law & Justice has taken up the matter with Chief Justices of High Courts and Chief Ministers in the past drawing their attention to cases pending for more than five years and to take up pendency  reduction  campaign.  The  Department  has  developed  an  online  portal  for

reporting  by  all  High  Courts  on  the  compliance  of  Arrears  Eradication  Scheme guidelines of the Malimath Committee Report.

(v) Emphasis on  Alternate  Dispute  Resolution  (ADR): Commercial  Courts  Act, 2015 (as amended on 20 th August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines.

(vi) Initiatives  to  Fast  Track  Special  Type  of  Cases: The  Fourteenth  Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes;  cases  involving  senior  citizens,  women,  children  etc.,  and  urged  the  State Governments to  use  the  additional  fiscal  space  provided  in  the  form  of  enhanced  tax devolution  form  32%  to  42%  to  meet  such  requirements.  As  on  31.10.2021,  914  Fast Track Courts are functional for heinous crimes, crimes against women and children etc. To fast track criminal cases involving elected MPs / MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka,  Andhra  Pradesh,  Telangana, Uttar  Pradesh,  West  Bengal  and  2  in  NCT  of Delhi).  Further,  Government  has  approved  a  scheme  for  setting  up  1023  Fast  Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 28 States/UTs have joined the  scheme  for  setting  up  of  842  FTSCs  including  363  'exclusive  POCSO  Courts'. Rs.140 crore was released in the financial year 2019-20 and Rs. 160.00 crore has been released  during  the  financial  year  2020-21  for  the  scheme.  681  FTSCs  are  presently functional including 381 exclusive POCSO Courts, which disposed 64217 cases as on 31.10.2021. The continuation of the Scheme of FTSC has been approved for another two years  (2021-23)  at  a  total  outlay  of  Rs.  1572.86  crore,  including  Rs.  971.70  crore  as Central share.

(vii) In addition, to reduce pendency and unclogging of the courts, the Government has recently amended various laws like the Negotiable Instruments (Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.

(c): The sanctioned strength, working strength and vacancy position in the Supreme Court & High Courts and District and Subordinate Courts is attached at Annexure-I and Annexure - II respectively.

As  per  procedure  prescribed  in  the  Memorandum  of  Procedure  (MoP),  for appointment  of  Judges  in  the  Higher  Judiciary,  prepared  in  pursuant  to  the  Supreme Court  Judgement  of  October  6,  1993  (Second  Judges  Case)  read  with  their  Advisory Opinion  of  October  28,1998(Third  Judges  Case),  the  initiation  of  appointments  of Judges  of  the  High  Court  vests  with  the  Chief  Justice  of  the  High  Court.  The Government  considers  only  those  names  which  are  recommended  by  the  High  Court Collegium and the Supreme Court Collegium.

Filling  up  of  vacancies  in  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  both  at  state  and  central  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.

From 01.05.2014 to 14.12.2021, 44 Judges were appointed in Supreme Court. 690 new  Judges  were  appointed  and  583  Additional  Judges  were  made  permanent  in  the High Courts.

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 - I STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (C)  OF  LOK  SABHA UNSTARRED QUESTION NO. 3267 FOR ANSWER ON 17.12.2021 REGARDING SHORTAGE OF MANPOWER IN JUDICIARY. Latest Vacancy Report As on 13-12-2021

| S. NO.   | Name of High Court   | Total Sanctioned Strength   | Total Working Strength   | Total Vacancy   |
|----------|----------------------|-----------------------------|--------------------------|-----------------|
| A.       | Supreme Court        | 34                          | 33                       | 01              |
| B.       | High Court           |                             |                          |                 |
| 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                       | 00              |
| 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                       | 00              |
| 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                       | 00              |
| 23       | Telangana            | 42                          | 19                       | 23              |
| 24       | Tripura              | 05                          | 05                       | 00              |
| 25       | Uttarakhand          | 11                          | 08                       | 03              |
|          | Total                | 1098                        | 694                      | 404             |

## Annexure - II STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (C)  OF  LOK  SABHA UNSTARRED QUESTION NO. 3267 FOR ANSWER ON 17.12.2021

## REGARDING SHORTAGE OF MANPOWER IN JUDICIARY.

## Latest Vacancy Report As on 13-12-2021

| 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 |                     1399 |             554 |
| 6       | Chandigarh          |                          30 |                       30 |               0 |
| 7       | Chhattisgarh        |                         482 |                      409 |              73 |
| 8       | D &NHaveli          |                           3 |                        2 |               1 |
| 9       | Daman &Diu          |                           4 |                        4 |               0 |
| 10      | Delhi               |                         862 |                      689 |             173 |
| 11      | Goa                 |                          50 |                       40 |              10 |
| 12      | Gujarat             |                        1523 |                     1126 |             397 |
| 13      | Haryana             |                         772 |                      482 |             290 |
| 14      | Himachal Pradesh    |                         175 |                      164 |              11 |
| 15      | Jammu and Kashmir   |                         300 |                      241 |              59 |
| 16      | Jharkhand           |                         675 |                      523 |             152 |
| 17      | Karnataka           |                        1363 |                     1077 |             286 |
| 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             |                          65 |                       42 |              23 |
| 26      | Nagaland            |                          34 |                       24 |              10 |
| 27      | Odisha              |                         976 |                      788 |             188 |
| 28      | Puducherry          |                          26 |                       11 |              15 |
| 29      | Punjab              |                         692 |                      607 |              85 |
| 30      | Rajasthan           |                        1548 |                     1274 |             274 |
| 31      | Sikkim              |                          28 |                       20 |               8 |
| 32      | Tamil Nadu          |                        1315 |                     1087 |             228 |
| 33      | Telangana           |                         474 |                      425 |              49 |
| 34      | Tripura             |                         121 |                       97 |              24 |
| 35      | Uttar Pradesh       |                        3634 |                     2545 |            1089 |
| 36      | Uttarakhand         |                         299 |                      271 |              28 |
| 37      | West Bengal         |                        1014 |                      918 |              96 |
| TOTAL   | TOTAL               |                       24489 |                    19356 |            5133 |

Source: - MIS portal of DoJ