Lok Sabha Question No. 3749 (UNSTARRED), answered on 2022-03-25
Subject: Judicial Infrastructure
Ministry: LAW AND JUSTICE
Asked by: Kotha Prabhakar  Reddy, Geetha Viswanath Vanga, Vellalath Kochukrishnan Nair. Sreekandan

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3749

## TO BE ANSWERED ON FRIDAY, THE 25.03.2022

## Judicial Infrastructure

## 3749. SHRI KOTHA PRABHAKAR REDDY: SHRIMATI VANGA GEETHA VISWANATH: SHRI V.K. SREEKANDAN:

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

- (a) whether there is a  need  to  both  increase  the  number  of  judges  in  High Courts and to urgently fill up existing vacancies;
- (b) if so, the steps taken by the Government in this regard;
- (c) whether  judicial  infrastructure  does  not  even  meet  the  basic  minimum standards in the country and, if so, the details thereof; and
- (d) whether the Government is considering to set up statutory authorities both at the Centre and at the State levels and if so, the details thereof ?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) & (b): Subsequent to the deliberations held in the Conference of the Chief Ministers  and  Chief  Justices  in  2013  it  was  inter-alia  resolved  that  the  total sanctioned  strength  of  each  High  Court  could  be  increased.  Subsequently  the Judge strength of various High Courts was increased. At present, the sanctioned strength of Judges of High Courts has increased from 906 in 2014 to 1104 in 2022.

Judges  of  various  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 High Courts vests with the Chief Justice of the concerned High Court. Chief Justice of the High Court is required to initiate the proposal to fill up of vacancy of a High Court Judge six months prior to the occurrence of vacancy. While filling up of vacancies in the High Courts is a continuous, integrated and collaborative process requiring consultation  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. As on 14.03.2022, against the sanctioned strength of 1104 Judges in the High Courts, 699 Judges are in position, leaving 405 vacancies of Judges to be filled. Against 405 vacancies 175 proposals are at various stages of processing between the Government and the Supreme Court Collegium. Further recommendations from High Court Collegiums are yet to be received in respect of 230 vacancies in High Courts.

(c) & (d): The primary responsibility of development of infrastructure facilities for judiciary rests with the State Governments. To augment the resources of the State Governments, the Union Government has been implementing a Centrally Sponsored Scheme for Development of Infrastructure Facilities in district and subordinate  courts  since  1993-94.  The  Scheme  covers  construction  of  court buildings  and  residential  accommodation  of  Judicial  Officers  of  district  and subordinate courts.  The Scheme has been extended from time to time and has been  last  extended  from  2021-22  to  2025-26  with a  total  financial  outlay  of Rs.  9000  crores  including  Central  Share  of  Rs  5307.00  crore.  Besides  the construction  of  Court  Halls  and  Residential  Quarters  the  Scheme  now  also covers

the  construction  of  Lawyers'  Halls,  Digital  Computer  Rooms  and  Toilet Complexes  in  the  District  and  Subordinate  Courts.  Till  date  the  Central Government has sanctioned Rs. 8758.70 crore under the Scheme to States/UTs.

The Registry of Supreme Court of India has compiled data on the status of  judicial  infrastructure  and  court  amenities.   A  proposal  has  been  received from  Chief  Justice  of  India  for  setting  up  of  National  Judicial  Infrastructure Authority  of  India  (NJIAI)  for  arrangement  of  adequate  infrastructure  for courts, as per which there will be a Governing Body with Chief Justice of India as Patron-in-Chief. The other salient features of the proposal are that NJIAI will act  as  a  Central  body  in  laying  down  the  road  map  for  planning,  creation, development, maintenance and management of functional infrastructure for the Indian  Court  System,  besides  identical  structures  under  all  the  High  Courts. The proposal, as received from the Hon'ble Supreme Court of India, has been sent  to  the  various  State  Government/UTs,  as  they  constitute  an  important stakeholder, for their views on the contours of the proposal to enable taking a considered view on the matter.

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