Lok Sabha Question No. 1209 (UNSTARRED), answered on 2024-02-09
Subject: Vacancy of Judges in Session Courts
Ministry: LAW AND JUSTICE
Asked by: Bholanath (B.P. Saroj)

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

## LOK SABHA

## UNSTARRED QUESTION NO.†1209

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

## VACANCY OF JUDGES IN SESSION COURTS

†1209. SHRI BHOLANATH (B.P. SAROJ):

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

- (a) whether a number of posts of judges are lying vacant in the Sessions Courts of the  country  leading  to  pendency  of  cases  of  different  category,  especially  land dispute cases in rural areas for many years;
- (b) if so, the details thereof along with thereasons therefor, State-wise and districtwise includingUttar Pradesh;
- (c)  whether  any  guidelines  have  been  issued  by  the  Government  to  set  any  time limit for immediate disposal of the land disputes in rural areas pending in the Sessions Courts and if so, the details thereof;
- (d)  whether  the  number  of  cases  related  to  land  dispute  has  been  rising  in  the Sessions Courts due to the fact that Scheduled Caste farmers in the rural areas do not get justice in the respective police stations of the same area; and
- (e) if  so,  whether any concrete guidelines have been issued in this regard so that their cases aresettled in their respective police stations?

## 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) & (b): The  State-wise,  details  of  vacant  positions  in  the  District  and Subordinate  Courts,  including  Uttar  Pradesh is given  at Annexure-I .  The information  regarding  District-wise  vacancy  position  in  Sessions  Courts  is  not centrally maintained.

Further, as per information provided by Department of Land Resources, Ministry  of  Rural  Development,  the  pendency  of  land  dispute  cases  are  not Centrally maintained.

The filling up vacant positions in the Sessions Courts of the country is the responsibility of the High Courts and State Governments concerned.  The Central Government has no direct role in the selection, recruitment and appointment of judicial  officers  in  District/Subordinate  judiciary  level,  as  per  the  provisions  of 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 does it in consultation with the State Public Service Commissions.

(c) to (e): The disposal of cases in courts is within the exclusive domain of the judiciary. The Central Government has no direct role in the stated matter.

Further, as per information provided by Department of Land Resources, Ministry of Rural Development, as per Entry 18 and Entry 45 (State List) of the Seventh Schedule to the Constitution of India, 'Land and its management' falls within  the  jurisdiction  of  States.  Similarly,  as  per  Entry  2  (State  List)  of  the Constitution's Seventh Schedule 'Police (including railway and village police)' falls within the jurisdiction of the States.

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## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PARTS (A) & (B) OF LOK SABHA UNSTARRED QUESTION NO. †1209 FOR ANSWER ON 09.02.2024 REGARDING 'VACANCY OF JUDGES IN SESSION COURTS'.

## 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.