5,850 posts of district court judges vacant across India

Satya Prakash

New Delhi, December 26

Close to 6,000 posts of judges in district courts across India remained vacant even as pendency of cases crossed 4.5 crore.

As on December 19, 2022, there were 19,192 judges in subordinate courts against a sanctioned strength of 25,042, while 5,850 posts of judges remained vacant, the Centre told Parliament.

Maximum number of vacancies in subordinate courts was in Uttar Pradesh where 1,164 of the total 3,638 posts of judges in district courts awaited appointment, the law minister said in a written reply to a question.

Bihar, which had a sanctioned strength of 2,016 judges, had 665; Madhya Pradesh (497 vacancies against a sanctioned strength of 2,021 judges); Gujarat (428 vacancies against a sanctioned strength of 1,582 judges); Rajasthan (331 vacancies against a sanctioned strength of 1,587 judges) and Tamil Nadu (272 vacancies against a sanctioned strength of 1,340 judges) were other states having high judicial vacancies in district courts, he said.

In the northern region, Punjab had 208 vacancies against a sanctioned strength of 797 judges; Delhi (203 vacancies against a sanctioned strength of 884 judges); Haryana (307 vacancies against a sanctioned strength of 772 judges; Himachal Pradesh (14 vacancies against a sanctioned strength of 179 judges; Jammu and Kashmir (91 vacancies against a sanctioned strength of 314 judges) and Ladakh (8 vacancies against a sanctioned strength of 17 judges), Rijiju said.

Chandigarh (30), Daman and Diu (4) and Lakshadweep (3) had no vacancies in district courts, he said on December 22.

“Under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the states vest with the concerned high court. Further, 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 appointment, promotion, reservations, etc. of judicial officers in the State Judicial Service,” the minister said.

“Hence, in so far as recruitment of judicial officers in the states is concerned, the respective high courts do it in certain states, whereas the high courts do it in consultation with the State Public Service Commissions in other states. Central government has no direct role in the matter,” Rijiju said.

“Vacancies in subordinate judiciary are to be filled up every year in accordance with the time schedule prescribed by the Supreme Court of India in its order dated 04.01.2007 passed in Civil Appeal no. 1867/2006 Malik Mazhar Sultan and Anr. vs. UP Public Service Commission,” he explained.

The minister said, “As per this time schedule, the vacancies for the category of district judge (entry level) and senior civil judge are to be notified commencing on March 31 of a calendar year and end by October 31 of the same year.”