Lok Sabha Question No. 478 (UNSTARRED), answered on 2022-02-04
Subject: Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: Arvind Dharmapuri

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 478

## TO BE ANSWERED ON FRIDAY, THE 4 th  FEBRUARY, 2022

## APPOINTMENT OF JUDGES

## 478. SHRI ARVIND DHARMAPURI:

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

- (a)  the  steps  taken  by  the  Government  to increase  the  number  of  judges  in  the country;
- (b) the reasons for the delay in appointment of judges;
- (c) whether the Government has fixed any timeframe for fulfilling the commitment of appointment of a certain number of judges in the country;
- (d) if so, the details thereof; and
- (e) the total number of judges appointed in the last ten years court and year-wise?

## ANSWER MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (e): The  Supreme  Court  (Number  of  Judges)  Act,  1956  was  amended  to increase the sanctioned strength of Supreme Court of India from 30 to 33 (excluding CJI). The Supreme Court (Number of Judges) Amendment Act, 2019 came into force w.e.f. 09.8.2019. In the Joint Conference of Chief Justices and Chief Ministers held on 7.4.2013, a decision was taken to increase the number of Judges of the High Courts by 25%. Accordingly, Government has increased   the Judge strength of the High Courts from 906 to 1098 i.e. by 192 posts, during the period from 01.07.2014 to 31.01.2022 with  the  approval  of  the  respective  State  Governments,  related  High  Courts  and  the Chief Justice of India. 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. A Statement showing the details of appointment of  Judges  for  last  ten  years,  High  Court  wise  and  year-wise,  is  enclosed  herewith  as Annexure .

As regards district and subordinate 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 24,514 as on 01.02.2022.  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.

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ANNEXURE

## STATEMENT  REFERRED  TO  IN  REPLY  TO    PARTS  (A)  TO  (E)    OF  LOK  SABHA  UNSTARRED QUESTION NO. 478  FOR ANSWER ON 04.02.2022 REGARDING  APPOINTMENT OF JUDGES.

(As on 31.01.2022)

| S. No.   | Court            | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   | No. of Judges appointed during   |
|----------|------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|----------------------------------|
|          | Court            | 2012                             | 2013                             | 2014                             | 2015                             | 2016                             | 2017                             | 2018                             | 2019                             | 2020                             | 2021                             |
|          | Supreme Court    | 06                               | 06                               | 09                               | 01                               | 04                               | 05                               | 08                               | 10                               | -                                | 09                               |
|          | High Courts      |                                  |                                  |                                  |                                  |                                  |                                  |                                  |                                  |                                  |                                  |
| 1        | Allahabad        | 14                               | 09                               | 13                               | 05                               | 20                               | 31                               | 28                               | 10                               | 04                               | 17                               |
| 2        | Andhra Pradesh   | 02                               | 16                               | -                                | -                                | 01                               | 10                               | -                                | 02                               | 07                               | 02                               |
| 3        | Bombay           | 05                               | 12                               | 14                               | 04                               | 06                               | 14                               | 04                               | 11                               | 04                               | 06                               |
| 4        | Calcutta         | 07                               | 13                               | 01                               | -                                | 01                               | 06                               | 11                               | 06                               | 01                               | 08                               |
| 5        | Chhattisgarh     | -                                | 03                               | 02                               | -                                | 03                               | 03                               | 04                               | -                                | -                                | 03                               |
| 6        | Delhi            | -                                | 08                               | 04                               | 08                               | 05                               | 04                               | 05                               | 04                               | -                                | 02                               |
| 7        | Gauhati          | 02                               | 03                               | -                                | -                                | 05                               | 02                               | 02                               | 04                               | -                                | 06                               |
| 8        | Gujarat          | 04                               | 03                               | 01                               | 02                               | 05                               | -                                | 04                               | 03                               | 07                               | 07                               |
| 9        | Himachal Pradesh | 01                               | -                                | 03                               | -                                | 04                               | -                                | -                                | 02                               | -                                | 01                               |
| 10       | J &Kand Ladakh   | -                                | 05                               | -                                | 01                               | -                                | 03                               | 02                               | -                                | 05                               | 02                               |
| 11       | Jharkhand        | 01                               | 02                               | 03                               | -                                | 04                               | 02                               | 03                               | 02                               | -                                | 04                               |
| 12       | Karnataka        | 01                               | 05                               | 05                               | -                                | 05                               | 02                               | 12                               | 10                               | 10                               | 06                               |
| 13       | Kerala           | 02                               | 06                               | 06                               | -                                | 05                               | 03                               | 04                               | 01                               | 06                               | 12                               |
| 14       | Madhya Pradesh   | -                                | 05                               | 07                               | 01                               | 18                               | -                                | 08                               | 02                               | -                                | 08                               |
| 15       | Madras           | 01                               | 08                               | -                                | 08                               | 25                               | 12                               | 08                               | 01                               | 10                               | 05                               |
| 16       | Manipur          | -                                | -                                | 01                               | -                                | 01                               | -                                | -                                | -                                | 01                               | -                                |
| 17       | Meghalaya        | -                                | -                                | -                                | -                                | -                                | -                                | 01                               | 01                               | -                                | -                                |
| 18       | Orissa           | 01                               | 05                               | 03                               | -                                | -                                | -                                | 01                               | 01                               | 02                               | 04                               |
| 19       | Patna            | 01                               | -                                | 04                               | -                                | 06                               | 06                               | -                                | 04                               | -                                | 06                               |
| 20       | Punjab& Haryana  | 05                               | 09                               | 14                               | -                                | 01                               | 08                               | 7                                | 10                               | 01                               | 06                               |
| 21       | Rajasthan        | -                                | 09                               | 01                               | 09                               | 11                               | 05                               | -                                | 03                               | 06                               | 08                               |
| 22       | Sikkim           | -                                | -                                | -                                | -                                | -                                | 01                               | -                                | -                                | -                                | -                                |
| 23       | Telangana        | -                                | -                                | -                                | -                                | -                                | -                                | -                                | 03                               | 01                               | 07                               |
| 24       | Tripura          | -                                | -                                | -                                | -                                | -                                | -                                | 01                               | -                                | 01                               | -                                |
| 25       | Uttarakhand      | -                                | -                                | -                                | -                                | -                                | 03                               | 03                               | 01                               | -                                | -                                |
|          | Total            | 47                               | 121                              | 82                               | 38                               | 126                              | 115                              | 108                              | 81                               | 66                               | 120                              |