Lok Sabha Question No. 45 (STARRED), answered on 2015-07-23
Subject: Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: CHARANJEET SINGH RORI, CHANDU LAL SAHU

**Government of India**

**Ministry of Law & Justice**

**Department of Justice**

**lok SABHA**

**STARRED QUESTION NO.45**

**TO BE ANSWERED ON THURSDAY, the 23.07.2015**

**Appointment of Judges**

***45** . **SHRI CHARANJEET SINGH RORI:**

**SHRI CHANDU LAL SAHU:**

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

(a) the total sanctioned strength of Judges in the Supreme Court, High Courts and Subordinate Courts in the country along with the number of posts lying vacant, State/UT-wise;

(b) whether the appointment of Judges has been held up for want of National Judicial Appointment Commission (NJAC) and if so, the details thereof;

(c)  the number of Judges appointed during the current year, Court-wise;

(d)  the follow up action taken by the Government to improve the Judges: population ratio in the country and its present status; and

(e)  the steps taken/being taken by the Government for establishment of NJAC and its present status?

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D.V. SADANANDA GOWDA)**

1. to (e):	A Statement is laid on the Table of the House.

**STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. 45 TO BE ANSWERED ON 23.7.2015 REGARDING APPOINTMENT OF JUDGES**

(a) : There is a total sanctioned strength of 31 judges in the Supreme Court and 1017 Judges in the High Courts. Out of which, there is a working strength of 28 judges in the Supreme Court and 636 Judges in the High Courts as on 15.7.2015, leaving 3 vacancies in the Supreme Court and 381 vacancies in the High Courts. A statement showing the total sanctioned strength of Judges as well as the vacancies in the Supreme Court and High Courts as on 15.7.2015 is at **Annexure-I.** As regards, District and Subordinate courts, as on 31.12.2014, there is a total sanctioned strength 20214 judges, with a working strength of 15634 leaving  vacancies of 4580 judges. A statement showing sanctioned strength, working strength and vacancies of Judges in District and Subordinate Courts (as on 31.12.2014) is at **Annexure-II.**

(b) to (e): The Collegium system of appointment of Judges of the Supreme Court and High Courts has ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. During the current year till 13.04.2015, 1 Judge was appointed in Supreme Court and 35 Judges were appointed in various High Courts as per **Annexure-III.** However, writ petitions were filed in the Supreme Court challenging the Constitutional validity of both the Acts. The hearing of the cases in the Supreme Court concluded on 15.07.2015 and judgement is reserved. The Supreme Court as an interim measure during the course of the proceedings has directed that appointment of Additional Judges in High Courts already in Office shall be continued for a period of 3 months or till the date of their superannuation whichever is earlier, till the disposal of the writ petitions. Accordingly, after 13.04.2015, the term of 3 Additional Judges of Gauhati High Court, 1 Additional Judge of Patna High Court and 7 Additional Judges of Bombay High Court have been extended. Therefore at present, no action on Appointment of Judges is being taken except under court orders.

There has been concerted effort to improve the Judges:Population ratio in the country. The Judge strength in subordinate judiciary has increased from 17,715 at the end of 2012 to 20,214 in December, 2014. Similarly, the Judge strength of High Courts has increased from 906 in June, 2014 to 1017, presently. The Judges: Population ratio in the country taking into account Judges at all levels now stands at about 17 Judges per one million of the population.

***    *   ***

**Annexure-I**

**Statement showing the Approved strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts**

**(As on 15.07.2015)**

| **Sl. No.**   | **Name of the Court**                        | **Approved Strength**   |          |           | **Working  Strength**   |          |           | **Vacancies as per**  **Approved Strength**   |          |           |
|---------------|----------------------------------------------|-------------------------|----------|-----------|-------------------------|----------|-----------|-----------------------------------------------|----------|-----------|
| **A.**        | **Supreme Court of India**                   | 31                      | 31       | 31        | 28                      | 28       | 28        | 03                                            | 03       | 03        |
| **B.**        | **High Court**                               | **Pmt.**                | **Addl** | **Total** | **Pmt.**                | **Addl** | **Total** | **Pmt.**                                      | **Addl** | **Total** |
| 1             | Allahabad                                    | 76                      | 84       | 160       | 58                      | 20       | 78        | 18                                            | 64       | 82        |
| 2             | **High Court of Judicature at Hyderabad**  * | 33                      | 16       | 49        | 17                      | 10       | 27        | 16                                            | 06       | 22        |
| 3             | Bombay                                       | 71                      | 23       | 94        | 42                      | 22       | 64        | 29                                            | 01       | 30        |
| 4             | Calcutta                                     | 45                      | 13       | 58        | 22                      | 22       | 44        | 23                                            | -09      | 14        |
| 5             | Chhattisgarh                                 | 17                      | 05       | 22        | 03                      | 06       | 09        | 14                                            | -01      | 13        |
| 6             | Delhi                                        | 45                      | 15       | 60        | 35                      | 05       | 40        | 10                                            | 10       | 20        |
| 7             | **Gauhati ***                                | 18                      | 06       | 24        | 09                      | 08       | 17        | 09                                            | -02      | 07        |
| 8             | **Gujarat ***                                | 39                      | 13       | 52        | 26                      | 03       | 29        | 13                                            | 10       | 23        |
| 9             | Himachal Pradesh                             | 10                      | 03       | 13        | 07                      | --       | 07        | 03                                            | 03       | 06        |
| 10            | Jammu & Kashmir                              | 13                      | 04       | 17        | 09                      | 01       | 10        | 04                                            | 03       | 07        |
| 11            | Jharkhand                                    | 19                      | 06       | 25        | 09                      | 05       | 14        | 10                                            | 01       | 11        |
| 12            | **Karnataka***                               | 47                      | 15       | 62        | 23                      | 09       | 32        | 24                                            | 06       | 30        |
| 13            | Kerala                                       | 27                      | 11       | 38        | 22                      | 16       | 38        | 05                                            | -05      | 0         |
| 14            | Madhya Pradesh                               | 40                      | 13       | 53        | 26                      | 07       | 33        | 14                                            | 06       | 20        |
| 15            | Madras                                       | 45                      | 15       | 60        | 38                      | 0        | 38        | 07                                            | 15       | 22        |
| 16            | Manipur                                      | 04                      | 0        | 04        | 03                      | 0        | 03        | 01                                            | 0        | 01        |
| 17            | Meghalaya                                    | 03                      | 0        | 03        | 03                      | 0        | 03        | 0                                             | 0        | 0         |
| 18            | Orissa                                       | 20                      | 07       | 27        | 16                      | 06       | 22        | 04                                            | 01       | 05        |
| 19            | Patna                                        | 29                      | 14       | 43        | 26                      | 07       | 33        | 03                                            | 07       | 10        |
| 20            | **Punjab& Haryana ***                    | 64                      | 21       | 85        | 43                      | 11       | 54        | 21                                            | 10       | 31        |
| 21            | Rajasthan                                    | 38                      | 12       | 50        | 25                      | 03       | 28        | 13                                            | 09       | 22        |
| 22            | Sikkim                                       | 03                      | 0        | 03        | 03                      | 0        | 03        | 0                                             | 0        | 0         |
| 23            | Tripura                                      | 04                      | 0        | 04        | 04                      | 0        | 04        | 0                                             | 0        | 0         |
| 24            | Uttarakhand                                  | 09                      | 02       | 11        | 06                      | 0        | 06        | 03                                            | 02       | 05        |
| Total         | Total                                        | 719                     | 298      | 1017      | 475                     | 161      | 636       | 244                                           | 137      | 381       |

*** Acting Chief Justice**

Annexure-II

| **Sanctioned Strength, Working Strength and Vacancies of Judges / Judicial Officers in District and Subordinate Courts as on 31.12.2014**   |                                    |                         |                      |               |
|---------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------|-------------------------|----------------------|---------------|
|                                                                                                                                             |                                    |                         |                      |               |
| **S. No.**                                                                                                                                  | **State / Union Territory**        | **Sanctioned Strength** | **Working Strength** | **Vacancies** |
| 1                                                                                                                                           | Andhra Pradesh and Telangana       | 1034                    | 884                  | 150           |
| 2                                                                                                                                           | Arunachal Pradesh                  | 16                      | 15                   | 1             |
| 3                                                                                                                                           | Assam                              | 403                     | 312                  | 91            |
| 4                                                                                                                                           | Bihar                              | 1670                    | 1027                 | 643           |
| 5                                                                                                                                           | Chandigarh                         | 30                      | 30                   | 0             |
| 6                                                                                                                                           | Chhattisgarh                       | 354                     | 302                  | 52            |
| 7                                                                                                                                           | Delhi                              | 793                     | 476                  | 317           |
| 8                                                                                                                                           | Diu and Daman & Silvasa            | 7                       | 6                    | 1             |
| 9                                                                                                                                           | Goa                                | 52                      | 40                   | 12            |
| 10                                                                                                                                          | Gujarat                            | 1963                    | 1216                 | 747           |
| 11                                                                                                                                          | Haryana                            | 644                     | 485                  | 159           |
| 12                                                                                                                                          | Himachal Pradesh                   | 146                     | 128                  | 18            |
| 13                                                                                                                                          | Jammu and Kashmir                  | 244                     | 221                  | 23            |
| 14                                                                                                                                          | Jharkhand                          | 578                     | 382                  | 196           |
| 15                                                                                                                                          | Karnataka                          | 1085                    | 832                  | 253           |
| 16                                                                                                                                          | Kerala and Lakshadweep             | 447                     | 431                  | 16            |
| 18                                                                                                                                          | Madhya Pradesh                     | 1460                    | 1243                 | 217           |
| 19                                                                                                                                          | Maharashtra                        | 2072                    | 1784                 | 288           |
| 20                                                                                                                                          | Manipur                            | 40                      | 30                   | 10            |
| 21                                                                                                                                          | Meghalaya                          | 55                      | 30                   | 25            |
| 22                                                                                                                                          | Mizoram                            | 67                      | 31                   | 36            |
| 23                                                                                                                                          | Nagaland                           | 27                      | 25                   | 2             |
| 24                                                                                                                                          | Orissa                             | 690                     | 569                  | 121           |
| 25                                                                                                                                          | Puducherry                         | 21                      | 10                   | 11            |
| 26                                                                                                                                          | Punjab                             | 672                     | 505                  | 167           |
| 27                                                                                                                                          | Rajasthan                          | 1145                    | 831                  | 314           |
| 28                                                                                                                                          | Sikkim                             | 18                      | 15                   | 3             |
| 29                                                                                                                                          | Tamil Nadu                         | 997                     | 876                  | 121           |
| 30                                                                                                                                          | Tripura                            | 104                     | 78                   | 26            |
| 31                                                                                                                                          | Uttar Pradesh                      | 2097                    | 1761                 | 336           |
| 32                                                                                                                                          | Uttarakhand                        | 289                     | 191                  | 98            |
| 33                                                                                                                                          | West Bengal and  Andaman & Nicobar | 994                     | 868                  | 126           |
| **Total**                                                                                                                                   |                                    | **20214**               | **15634**            | **4580**      |
| Source : High Courts                                                                                                                        | Source : High Courts               |                         |                      |               |

**Annexure-III**

**JUDGES APPOINTED IN THE CURRENT YEAR UPTO 13.4.2015 IN SUPREME COURT AND HIGH COURTS**

| **Sl. No**   | **Name of the Court**      | **Appointments (upto 13.4.2015)**   |
|--------------|----------------------------|-------------------------------------|
| **A.**       | **Supreme Court of India** | **01**                              |
|              |                            |                                     |
| **B.**       | **HIGH COURTS**            |                                     |
| **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**                              |