GOVERNMENT OF INDIA
Ministry of Law & Justice
DEPARTMENT OF JUSTICE

RAJYA SABHA
UNSTARRED QUESTION NO.852
TO BE ANSWERED ON AUGUST 08, 2011
Strength of Judges in Courts

852. SHRI RAJEEV CHANDRASEKHAR

Will the MINISTER OF LAW AND JUSTICE be pleased to state:

(a)   The number of sanctioned posts of judges in supreme court, high court and subordinate courts in the country, state-wise;

(b)   The total number of posts lying vacant currently, state-wise;

(c)    The reasons for not filling up the vacant posts; and

(d)   The steps government has taken in this regard, given the pendency of cases which is resulting from this problem?

ANSWER
MINISTER OF LAW AND JUSTICE
(SHRI SALMAN KHURSHID)

(a)   & (b) : A statement showing the sanctioned strength and the vacancies of Judges in Supreme Court of India and the High Courts and the Subordinate Courts are annexed in Annexure I and II

(c)    : Pursuant to the Supreme Court Judgment of October 6, 1993 read with their Advisory Opinion of October 28, 1998, the process of initiation of proposal for appointment of a Judge of a Supreme Court rests with the Chief Justice of India and for the appointment of a Judge of High Court, with the Chief Justice of that High Court. The main reason for the large number of vacant posts is that the Government has not received sufficient proposals to fill up these vacant posts. The Government is periodically reminding the Chief Justice of the High Courts to initiate proposals in time for filling up the existing vacancies as well as the vacancies anticipated in next six months in the high courts.

Under article 235 of the constitution of India, the administrative control over the members of Subordinate Judiciary in the states vests with the concerned High Courts and State Government. Thus, as regards the judge strength in the District and Subordinate Courts and filling them up is concerned, the responsibility vests with the respective State Governments and the High Courts.

(d)   The Government has requested all the Chief Justices of High Courts to launch a campaign from July – December, 2011 to reduce pendency of cases in courts and also for filling up vacancies of judges in the High Courts and Subordinate Courts during the same period.

ANNEXURE I

ANNEXURE REFERRED TO IN REPLY TO PARTS (a) AND (b) OF RAJYA SABHA
UNSTARRED QUESTION NO. 852 FOR ANSWER ON AUGUST 08, 2011

Statements showing the Approved Strength and vacancies of Judges in the Supreme Court of India and the High Courts

ANNEXURE II

ANNEXURE REFERRED TO IN REPLY TO PARTS (a) AND (b) OF RAJYA SABHA
UNSTARRED QUESTION NO. 852 FOR ANSWER ON AUGUST 08, 2011