Lok Sabha Question No. 5649 (UNSTARRED), answered on 2025-04-04
Subject: Shortage of Judges in Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Janardan Singh Sigriwal

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

## LOK SABHA UNSTARRED QUESTION NO. 5649 TO BE ANSWERED ON FRIDAY, THE 04 TH  APRIL, 2025

## SHORTAGE OF JUDGES IN COURTS

## 5649. SHRI JANARDAN SINGH SIGRIWAL:

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

- (a) whether the number of judges in the country is very low, if so, the details thereof along with the reasons therefor;
- (b) the corrective measures being taken by the Government in this regard;
- (c) whether the pending cases in courts have been on rise due to shortage of judges;
- (d) if so, the details thereof along with the measures being taken to address the said issue;and
- (e)  whether  the  Government  has  any  proposal  to  open  Law  Colleges  for women in Bihar and if so, the details thereof, location-wise?

## 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) to (d): 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.

Appointments  of  judges  in  the  Supreme  Court  and  High  Courts  are governed by Articles 124, 217 and 224 of the Constitution.As per the 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 for filling up of vacancy of a High Court Judge  six  months  prior  to  the  occurrence  of  vacancy.  All  the  names recommended  by  High  Court  Collegium  are  sent  with  the  views  of  the Government to the Supreme Court Collegium (SCC) for advice. Only those persons, who are recommended by the SCC are appointed as Judges of High Courts.As on 01.04.2025, against the sanctioned strength of 1122 Judges in the  High  Courts,  766  Judges  are  working.  Recommendations  against  216 vacancies are yet to be received from the High Court Collegiums. Since May 2014 till  04.02.2025,  67 Judges  have been  appointed in  the  Supreme  Court and 1034 Judges have been appointed to various High Courts.

Appointments in District and Subordinate Courts fall under the jurisdiction of State  Governments  and  High  Courts,  as  per  Articles  233  and  234  of  the Constitution of India. The recruitment process is governed by the rules framed by State Governments in consultation with High Courts, following timelines set by the Hon'ble Supreme Court vide its January 2007 order in the Malik Mazhar Sultan case.

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, co-operation 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.

(e): The Advocates Act, 1961 is the relevant legislation for laying down the standards of Legal Education and Lawyers in lndia and it grants the powers to BCI  to recognize Universities and approve Colleges/Centers of Legal Education  for  the  purpose  of  imparting  legal  education  upon  receipt  of affiliation from the Universities. The Law Universities/Private Law Colleges have  been  established  under  the  Acts  enacted  by  the  respective  State Legislatures. The Government of lndia has no role to play regarding opening of  Law Colleges for women in Bihar

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