Lok Sabha Question No. 1343 (UNSTARRED), answered on 2016-03-03
Subject: Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: SANJAY SHAMRAO DHOTRE, RAJESH KUMAR DIWAKAR, ASHWINI KUMAR, SURESH KODIKUNNIL, HARI NARAYAN RAJBHAR, SHRIKANT EKNATH SHINDE, NAGARAJAN P., RAVINDRA KUMAR PANDEY, DEVAJIBHAI GOVINDBHAI FATEPARA, BHARTRUHARI MAHTAB, M. B. RAJESH, P. KUMAR, VINOD KUMAR BOIANAPALLI, RAJAN BABURAO  VICHARE, KALIKESH NARAYAN SINGH DEO, DILIP PATEL, ASADUDDIN OWAISI, BHOLA SINGH, PARASURAMAN K., NANDI YELLAIAH

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO.1343

## TO BE ANSWERED ON THURSDAY, THE 03.03.2016

## Appointment of Judges

## 1343.  SHRI SANJAY DHOTRE:

SHRI KODIKUNNIL SURESH:

DR. SHRIKANT EKNATH SHINDE:

SHRI RAJESH KUMAR DIWAKER:

SHRI RAVINDRA KUMAR PANDEY:

SHRI HARINARAYAN RAJBHAR:

SHRI P. NAGARAJAN:

SHRI ASHWINI KUMAR:

SHRI DEVAJIBHAI G. FATEPARA:

SHRI BHARTRUHARI MAHTAB:

SHRI M.B. RAJESH:

SHRI P. KUMAR:

SHRI B. VINOD KUMAR:

SHRI RAJAN VICHARE:

SHRI KALIKESH N. SINGH DEO:

SHRI DILIP PATEL:

SHRI ASADUDDIN OWAISI:

SHRI BHOLA SINGH:

SHRI K. PARASURAMAN:

SHRI NANDI YELLAIAH:

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

- (a) the approved/working strength and vacancies of judges in the Supreme Court, High Courts and  District/Subordinate  Courts  in  the  country  at  present  along  with  the  number  of  judges appointed during 2015-16 in these courts, State/UT-wise;

(b) whether the Government has undertaken any study to assess the need to improve the Judgespopulation ratio in view of huge pendency of cases and if so, the details and the outcome thereof;

(c) the follow up action taken by the Government in view of the Supreme Court order declaring the National Judicial Appointments Commission Act, 2014 as unconstitutional and void;

(d)  whether  the  Government  has  invited  suggestions  from  various  quarters  for  framing  a Memorandum  of  Procedure  in  order  to  introduce  a  new  and  improved  collegium  system  for appointment of Judges; and

(e) if so, the details and the present status thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) A statement showing the approved strength, working strength and vacancies of Judges in the Supreme Court and High Courts as on 29.02.2016 is given at Annexure-I .  The number of Judges of Supreme Court and High courts appointed from 1 st January, 2015 till 13 th April 2015 i.e.  the  date  on  which  the  Constitution(Ninety  Ninth  Amendment)  Act, 2014 and the National Judicial Appointments Commission Act, 2014 were brought into force is given at Annexure-II. With the coming into force of these Acts, all appointments of Judges of Supreme Court and High Courts  through  the  Collegium  process  as  laid  down  in  the  Memorandum  of  Procedure  were stopped.  However,  with  the  revival  of  the  Collegium  system,  the  process  of  appointment  of Judges  has  resumed.  A  Statement  showing  the  sanctioned  strength,  working  strength  and vacancies of Judicial Officers in District and Subordinate Courts in the country as on 30.06.2015 is given at Annexure-III .

(b) In All India Judges' Association Case, the Hon'ble Supreme Court in its Judgement dated 21 st March, 2002, on  a comparative assessment of the position in other countries directed that there should be 50 judges for a million population in the country. Based on the population, as per census  2011  and  sanctioned  strength  of  judges  in  the  Supreme  Court  and  High  courts  as  on 29.02.2016, and the sanctioned strength of Judges/Judicial Officers of District and Subordinate Courts  as  on  31.12.2015,  the  Judge  population  ratio  in  the  country  works  out  to  be  17.72 Judges/Judicial Officers per million population.

(c) to (e):  The  Supreme Court vide its order dated 16.10.2015 declared that the system of appointment of Judges to Supreme Court, and Chief Justices and Judges of High Court from one High Court to another as existing prior to Constitution (Ninety-Nineth Amendment ) Act, 2014 called  the  'Collegium  System'  to  be  operative.  The  Supreme  Court  simultaneously  decided  to consider introduction of appropriate measures, if any, for an improved working of the 'Collegium System'. The Government of India submitted its suggestions subject to its reservation about the correctness of the Judgment. The Government has taken the stand that it reserves its liberty to take such action as it may decide fit. Further, the Parliament has the power within the parameters of the Constitution to govern the criteria and process for appointment of Judges to the Supreme Court and High Courts.

The Supreme Court pronounced its Order on improvement in the 'Collegium System' on 16.12.2015.  Vide  this  order  they  have  decided  that  the  Government  of  India  may  finalize  the existing  Memorandum  of  Procedure  (MoP)  by  supplementing  it  in  consultation  with  the  Chief Justice of India, and  based on the unanimous view of the Collegium comprising the four seniormost  puisne  Judges  of  the  Supreme  Court.  The  Supreme  Court  has  indicated  broad  categories under  which  existing  MoP  can  be  supplemented  such  as  eligibility  criteria,  transparency  in  the appointment process, Secretariat and complaints etc. The Department of Justice is in the process of preparing a revised draft Memorandum of Procedure in consultation with the State Governments.

***

(As on 29.02.2016)

| Sl. No.   | Name of the Court                       | Approved Strength   | Approved Strength   | Approved Strength   | Working Strength   | Working Strength   | Working Strength   | Vacancies as per Approved Strength   | Vacancies as per Approved Strength   | Vacancies as per Approved Strength   |
|-----------|-----------------------------------------|---------------------|---------------------|---------------------|--------------------|--------------------|--------------------|--------------------------------------|--------------------------------------|--------------------------------------|
| A.        | Supreme Court of India                  | 31                  | 31                  | 31                  | 25                 | 25                 | 25                 | 06                                   | 06                                   | 06                                   |
| B.        | High Court                              | Pmt.                | Addl                | Total               | Pmt.               | Addl               | Total              | Pmt.                                 | Addl                                 | Total                                |
| 1         | Allahabad                               | 76                  | 84                  | 160                 | 65                 | 07                 | 72                 | 11                                   | 77                                   | 88                                   |
| 2         | High Court of Judicature at Hyderabad * | 46                  | 15                  | 61                  | 16                 | 10                 | 26                 | 30                                   | 05                                   | 35                                   |
| 3         | Bombay                                  | 71                  | 23                  | 94                  | 38                 | 22                 | 60                 | 33                                   | 01                                   | 34                                   |
| 4         | Calcutta                                | 45                  | 13                  | 58                  | 21                 | 22                 | 43                 | 24                                   | -09                                  | 15                                   |
| 5         | Chhattisgarh                            | 17                  | 05                  | 22                  | 03                 | 06                 | 09                 | 14                                   | -01                                  | 13                                   |
| 6         | Delhi                                   | 45                  | 15                  | 60                  | 34                 | 05                 | 39                 | 11                                   | 10                                   | 21                                   |
| 7         | Gauhati                                 | 18                  | 06                  | 24                  | 08                 | 07                 | 15                 | 10                                   | -01                                  | 09                                   |
| 8         | Gujarat                                 | 39                  | 13                  | 52                  | 27                 | 03                 | 30                 | 12                                   | 10                                   | 22                                   |
| 9         | Himachal Pradesh                        | 10                  | 03                  | 13                  | 07                 | --                 | 07                 | 03                                   | 03                                   | 06                                   |
| 10        | Jammu &Kashmir                          | 13                  | 04                  | 17                  | 08                 | 01                 | 09                 | 05                                   | 03                                   | 08                                   |
| 11        | Jharkhand                               | 19                  | 06                  | 25                  | 08                 | 04                 | 12                 | 11                                   | 02                                   | 13                                   |
| 12        | Karnataka                               | 47                  | 15                  | 62                  | 22                 | 09                 | 31                 | 25                                   | 06                                   | 31                                   |
| 13        | Kerala                                  | 27                  | 11                  | 38                  | 19                 | 16                 | 35                 | 08                                   | -05                                  | 03                                   |
| 14        | Madhya Pradesh                          | 40                  | 13                  | 53                  | 27                 | 02                 | 29                 | 13                                   | 11                                   | 24                                   |
| 15        | Madras                                  | 56                  | 19                  | 75                  | 35                 | 0                  | 35                 | 21                                   | 19                                   | 40                                   |
| 16        | Manipur                                 | 04                  | 01                  | 05                  | 04                 | 0                  | 04                 | 0                                    | 01                                   | 01                                   |
| 17        | Meghalaya                               | 03                  | 01                  | 04                  | 02                 | 0                  | 02                 | 01                                   | 01                                   | 02                                   |
| 18        | Orissa                                  | 20                  | 07                  | 27                  | 15                 | 06                 | 21                 | 05                                   | 01                                   | 06                                   |
| 19        | Patna *                                 | 40                  | 13                  | 53                  | 24                 | 05                 | 29                 | 16                                   | 08                                   | 24                                   |
| 20        | Punjab& Haryana *                       | 64                  | 21                  | 85                  | 37                 | 11                 | 48                 | 27                                   | 10                                   | 37                                   |
| 21        | Rajasthan                               | 38                  | 12                  | 50                  | 21                 | 03                 | 24                 | 17                                   | 09                                   | 26                                   |
| 22        | Sikkim                                  | 03                  | 0                   | 03                  | 02                 | 0                  | 02                 | 01                                   | 0                                    | 01                                   |
| 23        | Tripura                                 | 04                  | 0                   | 04                  | 04                 | 0                  | 04                 | 0                                    | 0                                    | 0                                    |
| 24        | Uttarakhand                             | 09                  | 02                  | 11                  | 06                 | 0                  | 06                 | 03                                   | 02                                   | 05                                   |
| Total     | Total                                   | 754                 | 302                 | 1056                | 453                | 139                | 592                | 301                                  | 163                                  | 464                                  |

* Acting Chief Justice

Annexure II Referred to in reply to part (a) of Lok Sabha USQ No.1343 for answer on 03.03.2016

| Sl. No   | Name of the Court      | Judges appointed from 01.01.2015 till 13.04.2015   |
|----------|------------------------|----------------------------------------------------|
| A.       | Supreme Court of India | 01                                                 |
| B.       | HIGH COURT             |                                                    |
| 1.       | GAUHATI                | 05                                                 |
| 2.       | ALLAHABAD              | 07                                                 |
| 3.       | CALCUTTA               | 08                                                 |
| 4.       | KERALA                 | 07                                                 |
| 5.       | SIKKIM                 | 01                                                 |
| 6.       | ORISSA                 | 03                                                 |
| 7.       | JHARKHAND              | 01                                                 |
| 8.       | PATNA                  | 02                                                 |
| 9.       | PUNJAB &HARYANA        | 01                                                 |
|          | TOTAL                  | 35                                                 |

## Referred to in reply to part (a) of Lok Sabha Unstarred Question No.1343 for answer on 03.03.2016

## (Position as on 30.06.2015)

| Sr. No.   | Name of State / UT                |   Total Sanctioned Strength |   Total Working Strength |   Vacancies |
|-----------|-----------------------------------|-----------------------------|--------------------------|-------------|
| 1         | Arunachal Pradesh                 |                          17 |                       15 |           2 |
| 2         | Andhra Pradesh &Telengana         |                        1034 |                      812 |         222 |
| 3         | Assam                             |                         420 |                      307 |         113 |
| 4         | Bihar                             |                        1727 |                      997 |         730 |
| 5         | Chandigarh                        |                          30 |                       30 |           0 |
| 6         | Chhattisgarh                      |                         356 |                      296 |          60 |
| 7         | Daman &Diu and Dadra Nagar Haveli |                           7 |                        6 |           1 |
| 8         | Delhi                             |                         793 |                      469 |         324 |
| 9         | Goa                               |                          52 |                       39 |          13 |
| 10        | Gujarat                           |                        1914 |                     1197 |         717 |
| 11        | Haryana                           |                         644 |                      478 |         166 |
| 12        | Himachal Pradesh                  |                         146 |                      137 |           9 |
| 13        | Jammu and Kashmir                 |                         245 |                      217 |          28 |
| 14        | Jharkhand                         |                         590 |                      368 |         222 |
| 15        | Karnataka                         |                        1112 |                      824 |         288 |
| 16        | Kerala                            |                         456 |                      419 |          37 |
| 17        | Lakshadweep                       |                           3 |                        3 |           0 |
| 18        | Madhya Pradesh                    |                        1461 |                     1234 |         227 |
| 19        | Maharashtra                       |                        2088 |                     1618 |         470 |
| 20        | Manipur                           |                          41 |                       32 |           9 |
| 21        | Meghalaya                         |                          56 |                       29 |          27 |
| 22        | Mizoram                           |                          63 |                       31 |          32 |
| 23        | Nagaland                          |                          27 |                       25 |           2 |
| 24        | Odisha                            |                         694 |                      613 |          81 |
| 25        | Puducherry                        |                          21 |                        9 |          12 |
| 26        | Punjab                            |                         672 |                      498 |         174 |
| 27        | Rajasthan                         |                        1191 |                      822 |         369 |
| 28        | Sikkim                            |                          18 |                       14 |           4 |
| 29        | Tamil nadu                        |                        1004 |                      840 |         164 |
| 30        | Tripura                           |                         104 |                       72 |          32 |
| 31        | Uttar Pradesh                     |                        2097 |                     1845 |         252 |
| 32        | Uttarakhand                       |                         281 |                      208 |          73 |
| 33 West   | Bengal and A &NIslands            |                         994 |                      856 |         138 |
| Total     | Total                             |                       20358 |                    15360 |        4998 |

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