Lok Sabha Question No. 94 (STARRED), answered on 2023-12-08
Subject: Setting up of Courts in North Eastern States
Ministry: LAW AND JUSTICE
Asked by: Badruddin Ajmal

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO. *94

## TO BE ANSWERED ON FRIDAY, THE 08 TH  DECEMBER, 2023

Setting up of Courts in North Eastern States

- *94. SHRI M. BADRUDDIN AJMAL:

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

- (a)  the  details  of  new  session/district  courts  as  well  as  High  Courts established  in  the  country  specially  in  the  North  Eastern  States  during  the last five years;
- (b) whether any proposal is under consideration for establishment of more courts  and  appointment  of  more  judges  to  dispose  the  large  number  of pending cases in the courts of the country;
- (c) if so, the details thereof; and
- (d) if not, the reasons therefor?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

(SHRI ARJUN RAM MEGHWAL)

(a) to (d):  A statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (D) of LOK SABHA STARRED QUESTION NO. *94 FOR ANSWER ON 08 TH DECEMBER, 2023.

(a):  The  State  of  Andhra  Pradesh  was  bifurcated  in  the  year  2014  into  the States of Telangana and Andhra Pradesh. The High Court at Hyderabad was designated  as  the  Common  High  Court  for  the  States  of  Telangana  and Andhra Pradesh w.e.f., 02.06.2014 and continued to function from Hyderabad until  constitution  of  a  separate  High  Court  for  Andhra  Pradesh.The  Andhra Pradesh  Reorganisation  Act,  2014,  provided  for  constitution  of  a  separate High  Court  for  the  State  of  Andhra  Pradesh,  which  was  established  vide Presidential Order dated 26.12.2018. It started functioning with its principal seat at Amaravati, from 01.01.2019.

A Circuit Bench of Calcutta High Court in Jalpaiguri was established vide Presidential Order dated 7 th February, 2019.

The  details  of  establishment  of  new  Sessions  and  District  Courts  in respect of North Eastern States is as under:-

| Name of the State   |   No. of new Sessions / District Courts established during 2018-2023 |
|---------------------|----------------------------------------------------------------------|
| Arunachal Pradesh   |                                                                    5 |
| Assam               |                                                                   53 |
| Manipur             |                                                                    3 |
| Meghalaya           |                                                                    4 |
| Mizoram             |                                                                    1 |
| Nagaland            |                                                                    1 |
| Sikkim              |                                                                    5 |
| Tripura             |                                                                    5 |

(b)  to  (d):  The  establishment  of  District  /  Session  Courts  in  the  country  lies within  the  domain  of  the  State  Governments,  who  set  up  such  courts  as  per their  requirement  and  resources,  in  consultation  with  the  respective  High Courts having territorial jurisdiction.

High Court Benches are established in accordance with the recommendations  made  by  the  Jaswant  Singh  Commission  and  judgment pronounced  by  the  Apex  Court  in  W.P.(C)  No.  379  of  2000.Accordingly, setting  up  of  Benches  of  a  High  Court  is  considered  by  the  Government  of India only after receipt of a complete proposal from the State Government with the  consent  of  the  Chief  Justice  of  the  High  Court  and  the  Governor  of  the State.    The  State  Government  has  to  provide  requisite  infrastructure  and facilities for establishment of a Bench of a High Court as well as expenditure of the High Court and its Benches. At present there is no complete proposal for establishment of High Court Benches.

Appointment of the Judges of the Constitutional Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. To  increase  the  judicial  manpower,  the  sanctioned  strength  of  judges  of  the High Courts has been increased from 906 to 1114 since 2014.

In the last five years, 01 new post of judge in Tripura High Court and 18 new posts of Judges in the Telangana High Court were created in 2021.In the year 2022, 06 new posts of Judges in the Orissa High Court and 04 new post in Himachal  Pradesh  High  Court  were  created.06  new  posts  of  Judges  in  the Gauhati High Court have been created w.e.f. 06.02.2023.

The  appointment  of  Judges  and  Judicial  Officers  in  the  District  and Subordinate  Courts  falls  within  the  domain  of  the  High  Courts  and  State Governments concerned and the Central Government has no direct role in the matter. The strength of subordinate judiciary has seen a marked increase with district  judiciary'sworking  strength  of  15,115  judicial  officers  as  against sanctioned strength of 19,518 in year 2014 increasing to a working strength of 20,026  as  against  sanctioned  strength  of  25,423  in  year  2023.For  timely appointment  of  judges  in  the  district  and  subordinate  judiciary,  the  Hon'ble Supreme  Court  of  India,  through  a  judicial  order  in  January  2007  in  Malik Mazhar Sultan case, stipulated  certain timelines according to whichthe process for  recruitment  of  judges  in  subordinate  courts  should  commence  on  31st March of a calendar year and end by 31st  October of the same year.

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