(a) whether it is true that the executive and the judiciary were very
strongly disagreeing over judicial appointments;
(b) if so, the details along with the reasons therefor;
(c) whether the Government is aware that there is huge number of
vacancies in the post of judges in various courts including
Supreme Court in the country; and
(d) if so, the details thereof along with the steps taken in this regard
ANSWER
MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS
(SHRI P.P. CHAUDHARY)
(a) and (b): No, Madam. Appointment of Judges in Higher Judiciary is a collaborative and integrated process involving both the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities. Differences of opinion if any are mutually reconciled by the Executive and the Judiciary to ensure that only the apposite person is appointed to the high Constitutional post of Judge.
(c) and (d): A Statement showing the Approved Strength, Working Strength and Vacancies in the Supreme Court and the High Courts as on 01.03.2018 is at Annexure-I.
A Statement showing the details of vacant posts of judicial officers of District and Subordinate Courts as on 31.12.2017 is at Annexure-II.
The Judges appointed during last 3 years in the Supreme Court and High Courts are given below:-
Years Supreme Court High Courts
2016 4 126
2017 5 115
2018 ( upto 16.03.2018) - 11
As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, 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.
Annexure-I
Statement referred to in reply to Parts (c ) & (d) of Lok Sabha Unstarred Question No. 4248 to be answered on 21.03.2018
(As on 01.03.2018)
Sl.No. Name of the Court Approved Strength Working Strength Vacancies as per Approved Strength
A Supreme Court of India 31 24 07
B High Court
1 Allahabad 160 103 57
2 Telangana & Andhra Pradesh 61 30 31
3 Bombay 94 70 24
4 Calcutta 72 30 42
5 Chhattisgarh 22 12 10
6 Delhi 60 38 22
7 Gauhati 24 18 06
8 Gujarat 52 30 22
9 Himachal Pradesh 13 08 05
10 Jammu & Kashmir 17 11 06
11 Jharkhand 25 17 08
12 Karnataka 62 30 32
13 Kerala 47 37 10
14 Madhya Pradesh 53 33 20
15 Madras 75 58 17
16 Manipur 05 02 03
17 Meghalaya 04 02 02
18 Orissa 27 16 11
19 Patna 53 32 21
20 Punjab& Haryana 85 50 35
21 Rajasthan 50 33 17
22 Sikkim 03 03 0
23 Tripura 04 02 02
24 Uttarakhand 11 08 03
Total 1079 673 406
Annexure-II
Statement referred to in reply to Parts (c ) & (d) of Lok Sabha Unstarred Question No. 4248 to be answered on 21.03.2018
(As on 31.12.2017)
Sl. No Name of States/UTs Vacant posts of Judicial Officers of District and Subordinate Courts
1 Andhra Pradesh & Telangana 66
2 Arunachal Pradesh 11
3 Assam 77
4 Bihar 835
5 Chhattisgarh 63
6 Goa 12
7 Gujarat 375
8 Haryana 149
9 Himachal Pradesh 11
10 Jammu & Kashmir 29
11 Jharkhand 253
12 Karnataka 327
13 Kerala 85
14 Madhya Pradesh 728
15 Maharashtra 167
16 Manipur 09
17 Meghalaya 58
18 Mizoram 17
19 Nagaland 12
20 Orissa 206
21 Punjab 136
22 Rajasthan 103
23 Sikkim 5
24 Tamil Nadu 200
25 Tripura 31
26 Uttar Pradesh 1348
27 Uttarakhand 61
28 West Bengal 40
29 A & N Island 0
30 Chandigarh 0
31 D & N Haveli and Daman & Diu 0
32 Delhi 317
33 Lakshadweep 1
34 Pondicherry 14
Total 5746
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