Lok Sabha Question No. 135 (UNSTARRED), answered on 2024-02-02
Subject: Delay in Hearing of Cases
Ministry: LAW AND JUSTICE
Asked by: Kunwar Danish Ali

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

## LOK SABHA

## UNSTARRED QUESTION NO.†135

## TO BE ANSWERED ON FRIDAY, THE 2 ND  FEBRUARY, 2024

## DELAY IN HEARING OF CASES

## †135. KUNWAR DANISH ALI:

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

- (a)  whether  it  is  true  that  hearing  of  cases  is  being  delayed  due  to  insufficient number of judges inthe High Courts of the States;
- (b) if so, the details thereof; and
- (c) the measures taken/being taken by the Government in this regard?

## 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): No Sir. The delay in hearing of cases cannot be attributed only to the  inadequate  number  of  judges  in  the  High  Courts.  There  are  several  other factors  like  lack  of  prescribed  timeframe  by  respective  courts  for  disposal  of various kinds of cases, frequent adjournments, lack of adequate arrangements to monitor, track and bunch similar nature of cases for hearing etc. which can lead to delay in hearing of cases.

Further,  factors  like  increase  in  number  of  state  and  central  legislations, accumulation of first appeals, continuation of ordinary civil jurisdiction in some of the High Courts, appeals against the orders of quasi-judicial forums going to High Courts,  number  of  revisions/appeals,  indiscriminate  use  of  the  writ  jurisdiction, assigning of work of administrative nature to the Judges, etc. also contribute to the delay in timely hearing of cases.

Appointment  of  the  Judges  to  the  Constitutional  Courts  such  as  High Courts is a continuous, integrated and collaborative process between  the Executive  and  the  Judiciary.The  appointment  of  Judges  of  the  High  Courts  is made  under  Articles  217  and  224  of  the  Constitution  of  India.  It  requires consultation  and  approval  from  various  constitutional  authorities  both  at  State and Central level. The Government on its part, undertakes every effort to fill up the  existing  vacancies  expeditiously  in  the  High  Courts  but  the  vacancies  of Judges do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in the strength of Judges.

As  per  information  available  with  the  Ministry  of  Law  and  Justice,  on 25.01.2024, as  against  the  sanctioned  strength  of  1114, there  are  783  Judges working in various High Courts, leaving vacancy of 331 Judges. Out of the 331 vacancies, 145 proposals for appointment of Judges have been received from the High Courts, which are at various stages of processing.  High Courts are yet to send proposals in respect of remaining 186 vacancies of Judges.

As  a  result  of  the  collaborative  process  between  the  Executive  and  the Judiciary, during the year 2022 a record number of 165 Judges were appointed in various High Courts which is the highest ever in any given year and 110 Judges have been appointed in various High Courts in the year 2023. Further, the strength of Judges in High Courts, which was 906 in the year 2014 has been increased by 208 and stands at 1114 as on 25.01.2024.

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