Lok Sabha Question No. 723 (UNSTARRED), answered on 2025-02-07
Subject: Vacancies in Judiciary
Ministry: LAW AND JUSTICE
Asked by: Shri Govind Makthappa Karjol, Smt. Mala Roy, Shri Arvind Dharmapuri

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 723 TO BE ANSWERED ON FRIDAY, THE 07 TH FEBRUARY, 2025

## VACANCIES IN JUDICIARY

## 723. SHRI GOVIND MAKTHAPPA KARJOL:

SMT. MALA ROY:

SHRI ARVIND DHARMAPURI:

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

- (a) the Judge-population ratio in the country as on 31.12.2024;
- (b) the details of current status of judicial vacancies in various courts across the country during the last three years till date and the impact thereof on
- the functioning of the judiciary system;
- (c) the total number of vacancies for judges in the Supreme Court, High Courts, District Courts and Subordinate Courts, State-wise including Karnataka as on 31.12.2024;
- (d) whether the Government has evaluated the impact of the vacancies on a large number of pending cases in the country, if so, the details thereof;
- (e) the details of steps taken by the Government to fill these vacancies in various courts and reduce pendency rates in the State of Karnataka; and
- (f) whether the Ministry maintains a record of the number of proposals for
- the appointment of judges to the Supreme Court pending before the collegium and if so, the details thereof?

## ANSWER

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

## (SHRI ARJUN RAM MEGHWAL)

(a): 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 as on

31.12.2024, the judge -population ratio in the country works out to be approximately 21 Judges per million population.

(b) & (c): The details of judicial vacancies in the Supreme Court and High Courts, (including State of Karnataka) during last three yearstill 04.02.2025are as under:

|   Sl. No. | Name of Court   |   03.01.2022 |   02.01.2023 |   01.01.2024 |   04.02.2025 |
|-----------|-----------------|--------------|--------------|--------------|--------------|
|         1 | Supreme Court   |           01 |           06 |           01 |           02 |
|         2 | High Courts     |          410 |          339 |          330 |          367 |

Further, a statement showing the judicial vacancies in District and Subordinate Courts, State-wise (including State of Karnataka) during last three years till 04.02.2025 is at Annexure-I .

(d) & (e): The vacancy of judges is not the sole reason for the increased pendency of cases in courts. Pendency of cases in courts is attributable to several factors which, inter-alia, include availability of physical infrastructure and supporting court staff, complexity of facts involved, nature of evidence, cooperation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. Other factors that lead to delay in disposal of cases include lack of prescribed timeframe by respective courts for disposal of various kinds of cases, frequent adjournments and lack of adequate arrangement to monitor, track and bunch cases for hearing.

Filling up of vacant positions of Judicial Officers in District and Subordinate courts is the responsibility of the High Courts and State Governments concerned. As per the Constitutional framework, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court frames the rules and regulations regarding the appointment and recruitment of Judicial Officers in the respective State Judicial Service. The Hon'ble Supreme Court vide order passed in January 2007 in the Malik Mazhar Sultan case, has inter-alia, stipulated certain timelines, which are to be followed

by the States and the respective High Courts for recruitment of judges in District and Subordinate Courts.

Judges of the High Courts are appointed under Article 217 and 224 of the Constitution of India and according to 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 the MoP, the responsibility for initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court, in consultation with two senior-most puisne Judges of the High Court. For appointments to the High Courts, under the MOP, the views of concerned State Government are also obtained. The recommendations also have to be considered in the light of such other reports as may be available to the Government in respect of the names under consideration. The recommendations of the High Court Collegium, the State Governments and the Government of India are then forwarded to the Supreme Court Collegium (SCC) for advice. Only those persons are appointed as Judges of High Courts, whose names have been recommended by the SCC.

Appointment of the Judges of the Constitutional 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.

Since May 2014 till 04.02.2025, 1013 Judges have been appointed to various High Courts. Since 01.01.2018 till date, 49 Judges have been appointed in the

Karnataka High Court and at present there are 13 vacancies in the Karnataka High Court.

- (f): No Sir.

********

## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PART (B) TO (C) OF LOK SABHA UNSTARRED QUESTION NO. 723 FOR ANSWER ON 07.02.2025 REGARDING 'VACANCIES IN JUDICIARY'.

## Vacancy of Judicial Officers in District and Subordinate Courts during last three years.

| Sl.                  | State/UTs                    |   31.12.2022 |   31.12.2023 |   31.12.2024 |   04.02.2025 |
|----------------------|------------------------------|--------------|--------------|--------------|--------------|
| 1                    | Andhra Pradesh               |           73 |           83 |           59 |           75 |
| 2                    | Telangana                    |          150 |          115 |          115 |          115 |
| 3                    | Arunachal Pradesh            |            8 |           10 |           11 |           11 |
| 4                    | Assam                        |           60 |           46 |           24 |           24 |
| 5                    | Bihar                        |          667 |         1550 |          483 |          483 |
| 6                    | Chandigarh                   |            0 |            1 |            0 |            0 |
| 7                    | Chhattisgarh                 |           90 |          139 |          198 |          198 |
| 8                    | D &NHaveli and Daman and Diu |            1 |            1 |            1 |            1 |
| 9                    | Delhi                        |          203 |           89 |           94 |           94 |
| 10                   | Goa                          |           10 |           10 |           10 |           10 |
| 11                   | Gujarat                      |          431 |          545 |          535 |          535 |
| 12                   | Haryana                      |          308 |          208 |          230 |          230 |
| 13                   | Himachal Pradesh             |           16 |           21 |           19 |           19 |
| 14                   | Jammu and Kashmir            |           91 |           94 |           43 |           43 |
| 15                   | Ladakh                       |            8 |            7 |            6 |            6 |
| 16                   | Jharkhand                    |          186 |          181 |          199 |          199 |
| 17                   | Karnataka                    |          233 |          225 |          219 |          221 |
| 18                   | Kerala                       |          122 |           91 |           79 |           79 |
| 19                   | Lakshadweep                  |            0 |            1 |            0 |            0 |
| 20                   | Madhya Pradesh               |          372 |          298 |          336 |          336 |
| 21                   | Maharashtra                  |          250 |          250 |          250 |          250 |
| 22                   | Manipur                      |           17 |           10 |           13 |           13 |
| 23                   | Meghalaya                    |           48 |           42 |           42 |           42 |
| 24                   | Mizoram                      |           33 |           33 |           29 |           29 |
| 25                   | Nagaland                     |           10 |           10 |           10 |           10 |
| 26                   | Odisha                       |          234 |          205 |          200 |          200 |
| 27                   | Puducherry                   |           17 |           19 |           10 |           10 |
| 28                   | Punjab                       |          208 |          212 |           81 |           81 |
| 29                   | Rajasthan                    |          331 |          296 |          328 |          342 |
| 30                   | Sikkim                       |            9 |           12 |           12 |           12 |
| 31                   | Tamil Nadu                   |          272 |          331 |          346 |          346 |
| 32                   | Tripura                      |           20 |           20 |           24 |           24 |
| 33                   | Uttar Pradesh                |         1173 |         1247 |          996 |          996 |
| 34                   | Uttarakhand                  |           30 |           27 |           28 |           28 |
| 35                   | West Bengal                  |           83 |           83 |          230 |          230 |
| 36 A& N Island Total | 36 A& N Island Total         |         5764 |         5428 |         5260 |         5292 |

Source: MIS portal of the Department of Justice