Lok Sabha Question No. 429 (STARRED), answered on 2023-03-31
Subject: Vacancies in Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: Maddila  Gurumoorthy, Saptagiri Sankar Ulaka

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

## LOK SABHA

## STARRED QUESTION NO.*429 TO BE ANSWERED ON FRIDAY, THE 31 ST MARCH, 2023

## VACANCIES IN FAST TRACK COURTS

## *429. SHRI MADDILA GURUMOORTHY: SHRI SAPTAGIRI SANKAR ULAKA:

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

- (a) the number of Judges per million population in the country, State-wise;
- (b) the number of Judges per million as suggested by the Supreme Court;
- (c)  the  steps  taken/proposed  to  be  taken  by  the  Government  to  comply  with  the order passed by the Supreme Court including the funds required and sanctioned for the purpose;
- (d)  whether  problems  are  being  faced  in  timely  disposal  of  cases  due  to  lack  of adequate  number  of  Fast  Track  Courts  and  large  number  of  vacancies  in  such courts;
- (e) if so, the details thereof and the time by which the vacancies in these courts are likely to be filled; and
- (f) whether the Government is contemplating to increase the posts of Judges in the context  of  the  suggestion  of  the  Hon'ble  Supreme  Court  and  if  so,  the  details thereof and if not, the reasons therefor?

## ANSWER MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a)to (f): A Statement is laid on the Table of the House.

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (A)  TO  (F)  OF  LOK SABHA  STARRED  QUESTION  NO.  *429  FOR  ANSWER  ON  31.03.2023 REGARDING 'VACANCIES IN FAST TRACK COURTS'.

(a): The data pertaining to number of judges per million population in the country, State-wise is not maintained centrally either by the Department or by Supreme Court of India. However, for calculating the judge-population ratio for per million population in a particular year, the Department uses the criterion of using the population as per Census 2011  and  as  per  available  information  regarding  sanctioned  strength  of  Judges  in Supreme  Court,  High  Court  and  District  &  Subordinate  Courts  in  the  particular year. Based on the population as per Census 2011 which was 1210.19 million and as per available information regarding sanctioned strength of Judges in Supreme Court, High Courts and District & Subordinate Courts in the year 2023, the judge - population ratio in the country works out to be approximately 21 Judges per million population.

Further,  as  on  27.03.2023,  sanctioned  strength,  working  strength  and  vacancy position in Supreme Court, High Courts and District & Subordinate Courts is as under:-

|   Sl. No. | Name of Court                |   Sanctioned Strength |   Working Strength |   Vacancy |
|-----------|------------------------------|-----------------------|--------------------|-----------|
|         1 | Supreme Court                |                    34 |                 34 |         0 |
|         2 | High Courts                  |                  1114 |                784 |       330 |
|         3 | District &Subordinate Courts |                 25189 |              19522 |      5667 |

- (b): As per information provided by the Supreme Court of India, the directions/observations  regarding  judges  per  million  have  been  given  by  the  Hon'ble court in a catena of judgements such as All India Judges Assn. v. Union of India [(2002) 4 SCC 247] ; P.RamachandraRao v. State of Karnataka [(2002) 4 SCC 578] ; Imtiyaz Ahmad v. State of Uttar Pradesh and Others [(2017) 3 SCC 658] and Brij Mohan Lal v. Union of India [(2002) 5 SCC 1] wherein the court has reiterated the recommendation

ofthe 120th Report of The Law Commission of India for initially increasing the judges' strength to 50 judges per million in the country with the eventual goal of achieving 107 judges per million of the population in India.

(c): The Supreme Court through a series of judicial orders in the matter of Imtiyaz Ahmad vs State of U.P, the Supreme Court had asked the Law Commission of India to evolve a scientific method for calculation of required judges' strength in the country.   Consequently,  in  its  245th  report  (2014), the  Law  Commission  did  not consider  the  judge  population  ratio  to  be  a  scientific  criterion  for  determining  the adequacy of the judge strength in the country. It observed that filing of cases per capita varies substantially across geographic units as filings are associated with economic and social  conditions  of  the  population. Consequently, The  Supreme  Court  requested  the National Court Management System Committee (NCMSC) to examine the recommendations made by Law Commission of India for calculation of required judge strength for Subordinate Courts and to furnish its recommendations on the subject. The NCMSC report,  inter-alia,  observes  that  in  the  long  term,  the  judge  strength  of  the subordinate courts will have to be assessed by a scientific method to determine the total number of 'Judicial Hours' required for disposing of the case load of each court. In the interim,  the  Committee  has  proposed  a  'weighted'  disposal  approach  i.e.  disposal weighted by the nature and complexity of cases in local conditions. As per the direction of the Hon'ble Supreme Court in its Order dated 02.01.2017, the Department of Justice has forwarded a copy of  report of the NCMS Committee to all the State Governments and  High  Courts  to  enable  them  to  take  follow  up  action  to  determine  the  required strength of judges.

(d)& (e): Establishment of subordinate courts including fast track courts (FTC) for providing speedy justice in the country lies within the domain of the State Governments who  set  up  such  courts  as  per  their  need  and  resources,  in  consultation  with  the respective  High  Courts.  The  14 th Finance  Commission  (FC)  had  recommended  for setting  up  of  1800  Fast  Track  Courts  (FTCs)  during  2015-2020  for  speedy  trial  of specific cases of heinous nature, civil cases related to women, children, senior  citizen, disabled persons, persons infected with terminal ailments etc. and property related cases pending for more than 5 years. The FC had further urged State Governments to utilize enhanced fiscal space available through tax devolution (32% to 42%) for this purpose. The Union Government has also urged the State Governments to allocate funds for the setting up of FTCs, from the financial year 2015-16 onward. As per information made available by High Courts, 843 FTCs are functional in the country as on 31.1.2023.

(f): The augmentation of judge strength is  a  continuous  and  collaborative  process between  the  Executive  and  the  Judiciary.  It  requires  consultation  and  approval  from various Constitutional authorities. As far as appointment of judges of higher judiciary is concerned, 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 High Courts vests with the Chief Justice of the High Court concerned.

However, In the Joint Conference of Chief Justices and Chief Ministers held on 07.04.2013, a decision was taken to increase the number of Judges of the High Courts by  25%.  Accordingly,  during  the  period  from  01.07.2014  to  21.03.2023  with  the approval  of  the  respective  State  Governments,  concerned  High  Courts  and  the  Chief Justice of India, Government has increased the Judge strength of the High Courts from 906 to 1114 i.e. by 208 posts.

In  case  of  Subordinate  Judiciary,  as  per  the  Constitutional  framework,  the selection and appointment of judges in District and Subordinate courts is the responsibility of High Court and State Government concerned.

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