Lok Sabha Question No. 1492 (UNSTARRED), answered on 2023-07-28
Subject: Additional Judicial Posts in States
Ministry: LAW AND JUSTICE
Asked by: Rahul Kaswan

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

## LOK SABHA

## UNSTARRED QUESTION NO. †1492 TO BE ANSWERED ON FRIDAY, THE 28 TH  JULY, 2023

## ADDITIONAL JUDICIAL POSTS IN STATES

## †1492. SHRI RAHUL KASWAN:

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

- (a) whether the Supreme Court has recently given any directions for the creation of posts in the State Judicial Services;
- (b) if so, the details thereof, State-wise including Rajasthan;
- (c)  the  follow  up  action  taken  in  this  regard  and  number  of  such  posts  created  in each of the States;
- (d) the details of appointments made in the Indian Legal Services during each of the last three years and the current year;
- (e)  whether Government proposes to increase the number of posts in Indian Legal
- Services; and
- (f)  if so, the details thereof?

## 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 (c): The information regarding the creation of posts in State Judicial Services and details thereof is not maintained by the Department.  The Central Government has no role under the Constitution in the creation of posts for judicial officers in State Judicial Services.  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 recruitment and appointment of Judicial Officers in the respective State Judicial Service. Thus, the creation of posts of judicial officers in the State Judicial Services  is  the  responsibility  of  the  High  Courts  and  State  Governments  concerned.  In some  States,  the  respective  High  Courts  directly  undertake  the  recruitment  process, whereas  in  other  States,  the  High  Courts  does  it  in  consultation  with  the  State  Public Service  Commissions.  Further,  Under  Article  235  of  the  Constitution  of  India,  the administrative control over the members of State Judicial Services in the States vests with the concerned High Court. Therefore, the Central Government has no role in the creation of posts or related action taken in respect of the State Judicial Services.

(d): As per the information provided by the Department of Legal Affairs, the Indian Legal Service (ILS) consists of 4 sub-cadres viz. Legal Advisers, Government Advocates, Law Officers and Legislative Counsels. The details of appointment made in each of the aforementioned cadres during last three years and the current year is at ANNEXURE-I .

(e) & (f): Department of Legal Affairs being the cadre controlling authority of Indian Legal Service (ILS) has initiated proposal for cadre review of ILS in consultation with Cadre Review Division, Department of Personnel & Training which inter alia envisages increasing the number of posts in ILS.

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Annexure-I

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (D)  OF  LOK  SABHA UNSTARRED QUESTION NO. 1492 FOR ANSWER ON 28.07.2023 REGARDING 'ADDITIONAL JUDICIAL POSTS IN STATES'.

| S.no.   | Cadre                | 2020   | 2020   | 2021   | 2021   | 2022   | 2022   | 2023   | 2023   |
|---------|----------------------|--------|--------|--------|--------|--------|--------|--------|--------|
|         |                      | DR*    | P**    | DR*    | P**    | DR*    | P**    | DR*    | P**    |
| 1       | Legal Advisers       | -      | -      | -      | 2      | 2      | 17     | -      | 6      |
| 2       | Government Advocates | 1      | -      | -      | 3      | 1      | 2      | -      | -      |
| 3       | Law Officers         | 0      | 0      | 0      | 0      | 0      | 2      | 0      | 0      |
| 4       | Legislative Counsels | 3      | 2      | 1      | -      | -      | -      | 1      | 3      |

Source: Department of Legal Affairs, Ministry of Law and Justice.

*DR: Direct recruitment.    **P: Promotion