Lok Sabha Question No. 1346 (UNSTARRED), answered on 2024-02-09
Subject: Vacancy of Judges
Ministry: LAW AND JUSTICE
Asked by: Sanjay Sadashivrao Mandlik, Shrirang Appa Barne, Prataprao  Jadhav, Sambhajirao Mane Dhairyasheel, Sudheer Gupta

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1346

## TO BE ANSWERED ON FRIDAY, THE 09.02.2024

## Vacancy of Judges

## 1346. SHRI SANJAY SADASHIVRAO MANDLIK:

SHRI SHRIRANG APPA BARNE:

SHRI PRATAPRAO JADHAV:

SHRI DHAIRYASHEEL SAMBHAJIRAO MANE:

## SHRI SUDHEER GUPTA:

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

- (a)  the  total  number  of  sanctioned  posts  and  actual  number  of  judges  in  the various High Courts and subordinate courts in the country;
- (b) whether as per a recent report released by the Ministry of Law & Justice 21 percent  of  sanctioned  posts  of  judges  in  high  courts  and  various  subordinate courts are lying vacant leading to pilling up of cases in courts;
- (c) if so, the details thereof and reasons for posts being vacant for quite a time;
- (d) whether citizens have to suffer a lot in many cases due to shortage of judges in the courts; and
- (e) if so, the steps taken by the Government to fill the vacant posts of judges in the various High Courts?

## 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  (e): The  Supreme Court is functioning at full strength of 34 Judges. As regards  the  High  Courts,  against  the  sanctioned  strength  of  1114  Judges,  783

Judges  are  working  and  331  posts  of  Judges  are  vacant  in  the  various  High Courts  as  on  01.02.2024.    As  far  as  district  and  subordinate  Courts  are concerned, as per information available with the Department, as on 01.02.2024 against a sanctioned strength of 25,348 Judicial Officers, 20,014 are working, with 5,334 vacancies.

No report regarding the vacancies has been released by the Department of Justice  recently.    However,  the  Department  regularly  publishes  data  regarding judicial strength on its official website.

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). 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. As a  result  of  the  collaborative  process  between  the  Executive  and  Judiciary, during the year 2022, 165 Judges were appointed in various High Courts and during the year 2023, 110 Judges have been appointed in various High Courts and 34 judges have been transferred among various High Courts.

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, recruitment etc. of Judicial Officers in the State Judicial Service. Thus, the selection and appointment of judges  in  the  District  Courts  is  the  responsibility  of  the  High Courts and State Governments concerned. 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. Therefore, the Central Government has no role in filling up vacant positions of Judges in subordinate Courts.

The pendency of cases in courts and suffering of citizens due to the same cannot be solely attributed to the shortage of judges in the courts.  Pendency of cases in courts can be contributed by several factors which, inter-alia, include availability of adequate physical infrastructure, complexity of facts involved in the case, 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 time frame 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. However, the disposal of pending cases in courts is within the domain of the judiciary. Government has no direct role in disposal of cases in courts.

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