Lok Sabha Question No. 2692 (UNSTARRED), answered on 2023-08-04
Subject: Measures for Filling up of Judges Post
Ministry: LAW AND JUSTICE
Asked by: Dayanidhi Maran

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO.2692

## TO BE ANSWERED ON FRIDAY, THE 04 TH  AUGUST, 2023

## MEASURES FOR FILLING UP OF JUDGES POST

## 2692. SHRI DAYANIDHI MARAN:

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

- (a) the specific measures are being taken to address the shortage of judges in India, considering  the  significant  gap  between  the  sanctioned  strength  and  the  actual number of judges, along with the current statistics of the same, itemized, State-wise;
- (b) whether the Government is planning to expedite the process of filling the vacant positions  in  high  courts,  especially  those  of  sanctioned  posts  of  judges  which  are currently empty and if so, the details thereof;
- (c)  the  current  backlog  of  cases  and  the  strategies  being  followed  to  tackle  the backlog of cases;
- (d)  the  progress  made  in  improving  judicial  infrastructure,  particularly  in  lower courts during the last nine years; and
- (e) the steps being taken to ensure efficient utilization of the funds allocated for the development  of  judicial  infrastructure  and  the  allocation  of  funds  &  funds  spent since 2014, for the purpose, year 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) & (b): 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 Governments in consultation with their respective High Courts frame the rules and regulations regarding the issues of appointment and recruitment of Judicial Officers in the

respective State Judicial Service. Thus, the selection and appointment of judicial officers in  the  Subordinate/District  Courts  is  the  responsibility  of  the  High  Courts  and  State Governments  concerned.  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.The Central Government has no direct role in the matter.

As for the filling up of vacancies in High Courts is concerned, it is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities both at the State and Centre level. Government receives names recommended  by the Supreme Court Collegium for  appointment  as Judges in various  High  Courts,  which  are  processed  for necessary  approval  as  per  the  provisions  of  Memorandum  of  Procedure.  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.

As on 31.07.2023, there are 02 vacancies of Judges in the Supreme Court. As far as  the  High  Courts  are  concerned,  against  the  sanctioned  strength  of  1114  Judges,  778 Judges are working and 336 posts of Judges are vacant. Against these 336 vacancies, 137 proposals recommended by High Court Collegiums are at various stages of processing between  the  Government  and  the  Supreme  Court  Collegium  and  recommendations against remaining 199 vacancies are yet to be received from the High Court Collegiums. The  detailed  statement  of  sanctioned,  working  strength  and  vacant  position  of  the Supreme Court and High Courts is at ANNEXURE-I and  for  District  and  Subordinate Courts is at ANNEXURE-II respectively.

(c): The  detailed  statement  of  pendency/backlog  of  cases  in  Supreme  Court,  High Courts and District and Subordinate Courts is at ANNEXURE-III .

In so far as strategies to tackle the backlog of pending cases in District Judiciary and  High  Courts,  the  same  lies  within  the  exclusive  domain  of  the  judiciary  and  the Central Government has no direct role in the matter. However, the Central Government is fully committed to speedy disposal of cases and to reducing pendency. To this end, the Government has taken multiple initiatives the details of which are as under:-

National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance  standards  and  capacities.    The  Mission  has  been  pursuing  a  co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerization, increase in strength  of  subordinate  judiciary,  policy  and  legislative  measures  in  the  areas  prone  to excessive  litigation,  re-engineering  of  court  procedure  for  quick  disposal  of  cases  and emphasis on human resource development.

- i. Under the Centrally Sponsored Scheme for Judicial Infrastructure, funds are being released  to  States/UTs  for  construction  of  court  halls,  residential  quarters  for judicial officers, lawyers' halls, toilet complexes and digital computer rooms that would ease the life of lawyers and litigants, thereby aiding justice delivery. As on date,  Rs.  10035  crores  have  been  released  since  the  inception  of  the  Centrally Sponsored  Scheme  (CSS)  for  Development  of  Infrastructure  Facilities  for  the Judiciary in 1993-94. The number of court halls has increased from 15,818 as on 30.06.2014  to  21,365  as  on  30.06.2023,  and  number  of  residential  units  has increased from 10,211 as on 30.06.2014 to 18,846 as on 30.06.2023, under this scheme.
- ii. Further under the e-Courts Mission Mode Project, information and communication technology (ICT) has been leveraged for IT enablement of district and subordinate courts. The number of computerised district & subordinate courts has increased to 18,735 so far. WAN connectivity has been provided to 99.4% of court  complexes.    Video  conferencing  facility  has  been  enabled  between  3,240

court  complexes and 1,272 corresponding jails. 815 e-Sewa Kendras have been set  up  at  court  complexes  to  facilitate  lawyers  and  litigants  needing  assistance ranging from case status, getting judgments/orders, court/case-related information,  and  efiling  facilities.  22  virtual  courts  have  been  set  up  in  18 States/UTs. As on 31.05.2023, these courts have handled more than 3.113 crore cases and realized more than Rs. 408 crores in fines. E-courts Phase III is about to begin which intends to incorporate latest technology such Artificial Intelligence(AI) and Block chain to make justice delivery more robust, easy and accessible to all the stakeholders.

- iii. Government has been regularly filling up the vacancies in higher judiciary. From 01.05.2014 to 10.07.2023, 56 Judges were appointed in Supreme Court. 919 new Judges were appointed and 653 Additional Judges were made permanent in the High  Courts.  Sanctioned  strength  of  Judges  of  High  Courts  has  been  increased from  906  in  May,  2014  to  1114  currently.  sanctioned  and  working  strength  of judicial officers in district and subordinate courts has increased as follow:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 01.08.2023 | 25,246                | 19,858             |

However,  filling  up  of  vacancies  in  subordinate  judiciary  falls  within  the domain of the State Governments and high courts concerned.

- iv. In pursuance of a Resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in all 25 High Courts to clear cases pending for more than five  years.   Arrears  Committees  have  been  set  up  under District courts as well.
- v. Under  the  aegis  of    the  Fourteenth  Finance  Commission  ,the  government  has established  Fast  Track  Courts  for  dealing  with  cases  of  heinous  crimes;  cases involving senior citizens, women, children etc. As on 31.05.2023, 832 Fast Track Courts are functional for heinous crimes, crimes against women, and children etc. To  fast  track  criminal  cases  involving  elected  MPs  /  MLAs,  ten  (10)  Special

Courts are functional in nine (9) States/UTs. Further, the central government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for the expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 28 States/UTs have joined the scheme.

- vi. With a view to reduce pendency and unclogging of the courts, the Government has recently amended various laws like the Negotiable Instruments (Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment)  Act,  2018,  the  Arbitration  and  Conciliation  (Amendment)  Act, 2019 and the Criminal Laws (Amendment) Act, 2018.
- vii. Alternate  Dispute  Resolution  methods  have  been  promoted  whole  heartedly. Accordingly,  the  Commercial  Courts  Act,  2015  was  amended  on  20th  August, 2018 making Pre-institution Mediation and Settlement (PIMS)  mandatory in case of  commercial  disputes.  Amendment  to  the  Arbitration  and  Conciliation  Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines.
- viii. Lok Adalat is an important Alternative Disputes Resolution Mechanism available to common people. It is a forum where the disputes/ cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.  Under the Legal Services Authorities (LSA) Act, 1987, an award made by a Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties and no appeal lies against thereto before any court. . Lok Adalat is not a permanent establishment.  National Lok Adalats are organized simultaneously in all Taluks, Districts and High Courts on a pre-fixed date. The details of the case disposed off in Lok Adalats during the last three years are as under:-
- ix. The Government launched the Tele-Law programme in 2017, which provided an effective and reliable e-interface platform connecting the needy and disadvantaged sections seeking legal advice and consultation with panel lawyers via  video  conferencing,  telephone  and  chat  facilities  available  at  the  Common Service Centres (CSCs) situated in Gram Panchayat and through Tele-Law mobile App.
- x. Efforts  have  been  made  to  institutionalize  pro  bono  culture  and  pro  bono lawyering the country. A technological framework has been put in place where advocates  volunteering  to  give  their  time  and  services  for  pro  bono  work  can register  as  Pro  Bono  Advocates on Nyaya Bandhu (Android & iOS and Apps). Nyaya Bandhu Services also available on UMANG Platform. Pro Bono Panel of advocates have been initiated in 21 High Courts at the State level. Pro Bono Clubs have been started in 69 select Laws Schools to instill Pro Bono culture in budding lawyers.
6. (d) & (e): The Central Government basically supplements the resources of the State Governments  by  releasing  financial  assistance  under  a  Centrally  Sponsored  Scheme (CSS) for the development of judicial infrastructure by providing financial assistance to State  Governments  /  UTs  in  the  prescribed  fund-sharing  pattern  between  Centre  and

| Years                  | Pre-litigation Cases   | Pending Cases   | Grand Total   |
|------------------------|------------------------|-----------------|---------------|
| 2021                   | 72,06,294              | 55,81,743       | 1,27,88,037   |
| 2022                   | 3,10,15,215            | 1,09,10,795     | 4,19,26,010   |
| 2023 (upto 17.06.2023) | 3,00,11,291            | 61,88,686       | 3,61,99,977   |
| Total                  | 6,82,32,800            | 2,26,81,224     | 9,09,14,024   |

*Percentage Wise break-up of Tele - Law Data

| Till 28th Feb, 2023   | Cases Registered    | %Wise Break Up      | Advice Enabled      | %Wise Break Up      |
|-----------------------|---------------------|---------------------|---------------------|---------------------|
| Gender Wise           | Gender Wise         | Gender Wise         | Gender Wise         | Gender Wise         |
| Female                | 15,75,140           | 34.38               | 15,35,775           | 34.39               |
| Male                  | 30,06,772           | 65.62               | 29,30,601           | 65.61               |
| Caste Category Wise   | Caste Category Wise | Caste Category Wise | Caste Category Wise | Caste Category Wise |
| General               | 9,82,636            | 21.45               | 9,52,773            | 21.33               |
| OBC                   | 13,28,505           | 28.99               | 12,93,153           | 28.95               |
| SC                    | 14,88,971           | 32.50               | 14,53,283           | 32.54               |
| ST                    | 7,81,800            | 17.065              | 7,67,167            | 17.18               |
| Total                 | 45,81,912           |                     | 44,66,376           |                     |

States.  The  scheme  is  being  implemented  since  1993-94.  It  covers  the  construction  of court  buildings  and  residential  accommodations  for  judicial  officers  of  district  and subordinate judiciary. As against the sanctioned strength of 25,215 and working strength of 19,876 judges/judicial officers there are 21,365 court halls and 18,846 residential units available as on 30.06.2023.

A sum of Rs. 10035.35 crore has been released under the Scheme so far since its inception,  out  of  which  Rs.  6591.04  crore  (65.68  %)  has  been  released  since  2014-15. The scheme has been extended from 2021-22 to 2025-26 with a budgetary outlay of Rs. 9000  crores  including  central  share  of  Rs.  5307.00  crore.  Besides  the  construction  of court  halls  and  residential  quarters,  the  scheme  now  also  covers  the  construction  of lawyers' halls, digital computer rooms and toilet complexes in the district and subordinate Courts. The allocation of funds and released since 2014-15 to 2022-23 is as ANNEXURE-IV.

The Government is sensitive to the needs of building better infrastructure for the judicial  officers  of  the  lower  and  subordinate  judiciary.  For  time  bound  and  proper implementation  of  the  scheme,  there  are  monitoring  mechanisms  in  place  as  per  the guidelines of the scheme.

There  is  a  High  Court  Level  Monitoring  Committee  in  the  State,  chaired  by  the Chief Justices of the respective High Courts and this also has other stake holders such as, Registrar General of the High Court, portfolio judges, Law/Home Secretary of the State and Secretary of the State PWD as members. This committee meets every six months to review the physical and financial progress of the projects running under the scheme.

Apart from this, there is a Central Level Monitoring Committee in the Department of Justice, chaired by Secretary (Department of Justice, Government of India) to review the progress of the projects and iron out any issues that hinder the smooth implementation of the scheme.

Besides, there are regular visits by the officials of the Department of Justice to the States for getting firsthand information on the ground. Regular meetings through video conferencing to sort out the problems of the States/UTs also takes place.

Trainings are also organized (both online and offline) for the State officials on the technical issues relating to Public Financial Management (PFMS) through which funds gets released and utilization is monitored.

*******

ANNEXURE I

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (A)&  (B)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.  2692    FOR  ANSWER  ON  04.08.2023  REGARDING 'MEASURES FOR FILLING UP OF JUDGES POST.

Statement  showing  Sanctioned  strength,  Working  Strength  and  Vacancies  of Judges in the Supreme Court of India and the High Courts (As on 31.07.2023)

|       |                          | Sanctioned strength   | Sanctioned strength   | Sanctioned strength   | Working strength   | Working strength   | Working strength   | Vacancies   | Vacancies   | Vacancies   |
|-------|--------------------------|-----------------------|-----------------------|-----------------------|--------------------|--------------------|--------------------|-------------|-------------|-------------|
| A. B. | Supreme Court High Court | Pmt.                  | 34 Addl               | Total                 | Pmt.               | 32 Addl            | Total              | Pmt.        | 2 Addl      | Total       |
| 1     | Allahabad                | 119                   | 41                    | 160                   | 73                 | 21                 | 94                 | 46          | 20          | 66          |
| 2     | Andhra Pradesh           | 28                    | 9                     | 37                    | 23                 | 5                  | 28                 | 5           | 4           | 9           |
| 3     | Bombay                   | 71                    | 23                    | 94                    | 40                 | 26                 | 66                 | 31          | -3          | 28          |
| 4     | Calcutta                 | 54                    | 18                    | 72                    | 33                 | 19                 | 52                 | 21          | -1          | 20          |
| 5     | Chhattisgarh             | 17                    | 5                     | 22                    | 10                 | 4                  | 14                 | 7           | 1           | 8           |
| 6     | Delhi                    | 46                    | 14                    | 60                    | 41                 | 3                  | 44                 | 5           | 11          | 16          |
| 7     | Gauhati                  | 22                    | 8                     | 30                    | 15                 | 9                  | 24                 | 7           | -1          | 6           |
| 8     | Gujarat                  | 39                    | 13                    | 52                    | 29                 | 0                  | 29                 | 10          | 13          | 23          |
| 9     | Himachal Pradesh         | 13                    | 4                     | 17                    | 12                 | 0                  | 12                 | 1           | 4           | 5           |
| 10    | J &Kand Ladakh           | 13                    | 4                     | 17                    | 12                 | 4                  | 16                 | 1           | 0           | 1           |
| 11    | Jharkhand                | 20                    | 5                     | 25                    | 19                 | 1                  | 20                 | 1           | 4           | 5           |
| 12    | Karnataka                | 47                    | 15                    | 62                    | 38                 | 13                 | 51                 | 9           | 2           | 11          |
| 13    | Kerala                   | 35                    | 12                    | 47                    | 32                 | 2                  | 34                 | 3           | 10          | 13          |
| 14    | Madhya Pradesh           | 39                    | 14                    | 53                    | 33                 | 0                  | 33                 | 6           | 14          | 20          |
| 15    | Madras                   | 56                    | 19                    | 75                    | 47                 | 16                 | 63                 | 9           | 3           | 12          |
| 16    | Manipur                  | 4                     | 1                     | 5                     | 3                  | 0                  | 3                  | 1           | 1           | 2           |
| 17    | Meghalaya                | 3                     | 1                     | 4                     | 3                  | 0                  | 3                  | 0           | 1           | 1           |
| 18    | Orissa                   | 24                    | 9                     | 33                    | 21                 | 0                  | 21                 | 3           | 9           | 12          |
| 19    | Patna                    | 40                    | 13                    | 53                    | 33                 | 0                  | 33                 | 7           | 13          | 20          |
| 20    | Punjab &Haryana          | 64                    | 21                    | 85                    | 38                 | 22                 | 60                 | 26          | -1          | 25          |
| 21    | Rajasthan                | 38                    | 12                    | 50                    | 34                 | 0                  | 34                 | 4           | 12          | 16          |
| 22    | Sikkim                   | 3                     | 0                     | 3                     | 3                  | 0                  | 3                  | 0           | 0           | 0           |
| 23    | Telangana                | 32                    | 10                    | 42                    | 25                 | 5                  | 30                 | 7           | 5           | 12          |
| 24    | Tripura                  | 4                     | 1                     | 5                     | 3                  | 0                  | 3                  | 1           | 1           | 2           |
| 25    | Uttarakhand              | 9                     | 2                     | 11                    | 8                  | 0                  | 8                  | 1           | 2           | 3           |
|       | Total (B)                | 840                   | 274                   | 1114                  | 628                | 150                | 778                | 212         | 124         | 336         |

## STATEMENT REFERRED TO IN REPLY TO PART (A)& (B)OF LOK SABHA UNSTARRED QUESTION  NO.  2692    FOR  ANSWER  ON  04.08.2023  REGARDING  'MEASURES  FOR FILLING UP OF JUDGES POST.

| Sanctioned, S.no.   | working strength and States &UTs   |   vacancy position in District Sanctioned Strength |   Subordinate Courts Working Strength |   31.07.2023) Vacancy |
|---------------------|------------------------------------|----------------------------------------------------|---------------------------------------|-----------------------|
| 1                   | Andaman and Nicobar*               |                                                  0 |                                    13 |                   -13 |
| 2                   | Andhra Pradesh                     |                                                618 |                                   544 |                    74 |
| 3                   | Arunachal Pradesh                  |                                                 42 |                                    33 |                     9 |
| 4                   | Assam                              |                                                485 |                                   443 |                    42 |
| 5                   | Bihar                              |                                               2016 |                                  1554 |                   462 |
| 6                   | Chandigarh                         |                                                 30 |                                    29 |                     1 |
| 7                   | Chhattisgarh                       |                                                556 |                                   431 |                   125 |
| 8                   | D &NHaveli                         |                                                  3 |                                     2 |                     1 |
| 9                   | Daman &Diu                         |                                                  4 |                                     4 |                     0 |
| 10                  | Delhi                              |                                                887 |                                   706 |                   181 |
| 11                  | Goa                                |                                                 50 |                                    40 |                    10 |
| 12                  | Gujarat                            |                                               1582 |                                  1186 |                   396 |
| 13                  | Haryana                            |                                                772 |                                   576 |                   196 |
| 14                  | Himachal Pradesh                   |                                                179 |                                   160 |                    19 |
| 15                  | Jammu and Kashmir                  |                                                314 |                                   227 |                    87 |
| 16                  | Jharkhand                          |                                                694 |                                   503 |                   191 |
| 17                  | Karnataka                          |                                               1367 |                                  1125 |                   242 |
| 18                  | Kerala                             |                                                603 |                                   523 |                    80 |
| 19                  | Ladakh                             |                                                 17 |                                     9 |                     8 |
| 20                  | Lakshadweep                        |                                                  4 |                                     3 |                     1 |
| 21                  | Madhya Pradesh                     |                                               2028 |                                  1607 |                   421 |
| 22                  | Maharashtra                        |                                               2190 |                                  1940 |                   250 |
| 23                  | Manipur                            |                                                 59 |                                    42 |                    17 |
| 24                  | Meghalaya                          |                                                 99 |                                    57 |                    42 |
| 25                  | Mizoram                            |                                                 74 |                                    41 |                    33 |
| 26                  | Nagaland                           |                                                 34 |                                    24 |                    10 |
| 27                  | Odisha                             |                                               1003 |                                   808 |                   195 |
| 28                  | Puducherry                         |                                                 29 |                                    11 |                    18 |
| 29                  | Punjab                             |                                                797 |                                   587 |                   210 |
| 30                  | Rajasthan                          |                                               1616 |                                  1358 |                   258 |
| 31                  | Sikkim                             |                                                 35 |                                    23 |                    12 |
| 32                  | Tamil Nadu                         |                                               1364 |                                  1046 |                   318 |
| 33                  | Telangana                          |                                                560 |                                   415 |                   145 |
| 34                  | Tripura                            |                                                128 |                                   109 |                    19 |
| 35                  | Uttar Pradesh                      |                                               3694 |                                  2484 |                  1210 |
| 36                  | Uttarakhand                        |                                                299 |                                   277 |                    22 |
| 37                  | West Bengal                        |                                               1014 |                                   918 |                    96 |
| TOTAL               | TOTAL                              |                                              25246 |                                 19858 |                  5388 |

Source: MIS portal, Department of Justice

*Combined Sanctioned Strength of UT Andaman & Nicobar Island and State of WB as shown against State of West Bengal

## ANNEXURE III

## STATEMENT REFERRED TO IN REPLY TO PART (C) OF LOK SABHA UNSTARRED QUESTION  NO.  2692    FOR  ANSWER  ON  04.08.2023  REGARDING  'MEASURES  FOR FILLING UP OF JUDGES POST.

| Pendency of Cases in various courts   | Pendency of Cases in various courts   | Pendency of Cases in various courts   |
|---------------------------------------|---------------------------------------|---------------------------------------|
| Sl. No.                               | Name of Court                         | No. of pending cases                  |
| 1.                                    | Supreme Court*                        | 69,766(as on 01.07.2023)              |
| 2.                                    | High Courts**                         | 60,63,499 (as on 01.08.2023 )         |
| 3.                                    | District and Subordinate Courts **    | 4,44,25,209 (as on 01.08.2023 )       |

ANNEXURE IV

STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (D)&  (E)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.  2692 FOR  ANSWER  ON  04.08.2023  REGARDING 'MEASURES FOR FILLING UP OF JUDGES POST.

## (Rs. in crores)

|   Sl. No. | Financial Year   |   Revised Estimate |   Fund Release |
|-----------|------------------|--------------------|----------------|
|         1 | 2014-15          |             936    |         936    |
|         2 | 2015-16          |             562.99 |         562.99 |
|         3 | 2016-17          |             538.74 |         538.74 |
|         4 | 2017-18          |             621.21 |         621.21 |
|         5 | 2018-19          |             650    |         650    |
|         6 | 2019-20          |             982    |         982    |
|         7 | 2020-21          |             593    |         593    |
|         8 | 2021-22          |             770.14 |         684.14 |
|         9 | 2022-23          |             848    |         857.2  |