Lok Sabha Question No. 1354 (UNSTARRED), answered on 2024-02-09
Subject: Shortage of Judges
Ministry: LAW AND JUSTICE
Asked by: Ramya  Haridas

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1354

## TO BE ANSWERED ON FRIDAY, THE 9 TH  FEBRUARY, 2024

## SHORTAGE OF JUDGES

## 1354. MS. RAMYA HARIDAS:

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

- (a) whether Government has made any assessment on the shortage of judges and vacant  posts  in  the  various  courts  of  the  country  and  if  so,  the  details  thereof, State-wise specially Kerala;and
- (b)  whether  the  process  of  recruitment  has  started  against  the  said  vacancies during the last five years and if so, the details thereof, State-wise?

## 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): The detailed statement of vacant posts in the various courts of the country i.e.  Supreme Court and High Courts (including Kerala) is given at Annexure-I and  State-wise  District  and  Subordinate  Courts  (including  Kerala)  is  given  at

## Annexure-II.

- (b): Appointment  of  the  Judges  of  Supreme  Court  and  High  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.

The filling up of vacant positions in the District Courts of the country is the  responsibility  of  the  High  Courts  and  State  Governments  concerned.    The Central Government has no role in the selection, recruitment and appointment of judicial  officers  in  District/Subordinate  judiciary  level,  as  per  the  provisions under  the  Constitution.  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 issues of appointment and recruitment of Judicial Officers in the respective State Judicial Service. In some States, the respective High Courts undertake the recruitment process, whereas in other States, the High Courts do it in consultation with the State Public Service Commissions.The Hon'ble Supreme Court vide judicial order passed in January 2007 in the Malik Mazhar Sultan case, has stipulated certain timelines which are to  be  followed  by  the  states  and  the  respective  High  Courts  for  initiating  the recruitment  process  of judges  in  subordinate  courts.  As  such  the  Central Government does not have any role in the matter.

******

## Annexure-I STATEMENT REFERRED TO IN REPLY TO PART (A) OF LOK SABHA UNSTARRED  QUESTION  NO. 1354 FOR ANSWER  ON  09.02.2024 REGARDING 'SHORTAGE OF JUDGES'.

Vacant Positions of Judges in the Supreme Court of India and the High Courts as on 01.02.2024

|    | Name of the Courts   | No. of Vacancies   |
|----|----------------------|--------------------|
| A. | Supreme Court        | 0                  |
| B. | High Court           | High Court         |
| 1  | Allahabad            | 70                 |
| 2  | Andhra Pradesh       | 7                  |
| 3  | Bombay               | 25                 |
| 4  | Calcutta             | 21                 |
| 5  | Chhattisgarh         | 6                  |
| 6  | Delhi                | 18                 |
| 7  | Gauhati              | 7                  |
| 8  | Gujarat              | 21                 |
| 9  | Himachal Pradesh     | 5                  |
| 10 | J &Kand Ladakh       | 2                  |
| 11 | Jharkhand            | 7                  |
| 12 | Karnataka            | 11                 |
| 13 | Kerala               | 11                 |
| 14 | Madhya Pradesh       | 13                 |
| 15 | Madras               | 8                  |
| 16 | Manipur              | 1                  |
| 17 | Meghalaya            | 1                  |
| 18 | Orissa               | 13                 |
| 19 | Patna                | 18                 |
| 20 | Punjab &Haryana      | 29                 |
| 21 | Rajasthan            | 16                 |
| 22 | Sikkim               | 0                  |
| 23 | Telangana            | 16                 |
| 24 | Tripura              | 0                  |
| 25 | Uttarakhand          | 5                  |
|    | Total                | 331                |

Source: - MIS portal of Department of Justice.

## Annexure-II

## STATEMENT REFERRED TO IN REPLY TO PART (A) OF LOK SABHA UNSTARRED  QUESTION  NO. 1354 FOR ANSWER  ON  09.02.2024 REGARDING 'SHORTAGE OF JUDGES'.

## Vacant Positions of Judicial Officers in District & Subordinate Court as on 05.02.2024

| Sl. No.   | States &UTs         |   Vacancy |
|-----------|---------------------|-----------|
| 1.        | Andhra Pradesh      |        84 |
| 2.        | Arunachal Pradesh   |        10 |
| 3.        | Assam               |        46 |
| 4.        | Bihar               |       467 |
| 5.        | Chandigarh          |         1 |
| 6.        | Chhattisgarh        |       139 |
| 7.        | D &NHaveli          |         1 |
| 8.        | Daman &Diu          |         0 |
| 9.        | Delhi               |        89 |
| 10.       | Goa                 |        10 |
| 11.       | Gujarat             |       535 |
| 12.       | Haryana             |       208 |
| 13.       | Himachal Pradesh    |        22 |
| 14.       | Jammu and Kashmir   |        94 |
| 15.       | Jharkhand           |       182 |
| 16.       | Karnataka           |       229 |
| 17.       | Kerala              |        91 |
| 18.       | Ladakh              |         7 |
| 19.       | Lakshadweep         |         1 |
| 20.       | Madhya Pradesh      |       295 |
| 21.       | Maharashtra         |       250 |
| 22.       | Manipur             |        10 |
| 23.       | Meghalaya           |        42 |
| 24.       | Mizoram             |        28 |
| 25.       | Nagaland            |        10 |
| 26.       | Odisha              |       216 |
| 27.       | Puducherry          |        19 |
| 28.       | Punjab              |       112 |
| 29.       | Rajasthan           |       300 |
| 30.       | Sikkim              |        12 |
| 31.       | Tamil Nadu          |       334 |
| 32.       | Telangana           |       115 |
| 33.       | Tripura             |        21 |
| 34.       | Uttar Pradesh       |      1250 |
| 35.       | Uttarakhand         |        29 |
| 36.       | Andaman and Nicobar |         0 |
| 37.       | West Bengal         |        96 |
| TOTAL     | TOTAL               |      5342 |

Source: - MIS portal of Department of Justice.