Question : STRENGTH OF JUDGES



(a) whether the Law Commission had recommended 50 judges per million population in its earlier reports;

(b) if so, the number of judges at present per million population;

(c) whether the Government propose to review the strength of judges in different courts;

(d) if so, the details thereof;

(e) whether the shortage of judges, absence of necessary infrastructure such as buildings, staff and equipment and unfilled vacancies were identified as the major cause for the pendency of cases; and

(f) if so, the corrective measures taken by the Government in this regard?

Answer given by the minister


MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS AND SHIPPING (SHRI ARUN JAITLEY)

(a) to (f): Statement is laid on the Table of the House.


STATEMENT IN REPLY TO LOK SABHA STARRED QUESTION NO. 108 DATED 1.3.2001

(a) Yes, Sir.

The Eleventh Law Commission in its 120th Report had, inter alia recommended that the present strength of 10.5 judges per million population be increased to 50 judges per million population.

(b) At present, there is a sanctioned strength of about 13 judges per million population.

(c)&(d) According to the Supreme Court (Number of Judges) Amendment Act, 1986, the sanctioned strength of the Supreme Court of India is 26 Judges, including the Chief Justice of India. Thereafter, no proposal has been received from the Chief Justice of India for increasing the Judge strength of the Supreme Court of India.

The judge strength in High Courts is reviewed once in three years. The last such review was held during 1999. Accordingly, as on February 15, 2001, the revised sanctioned strength of judges in various Hgh Courts was 647 Judges/Additional Judges.

In so far as the matter relating to subordinate judiciary is concerned, their judge strength is determined by the State Governments in consultation with their respective High Courts.

However, pursuant to the XIth Finance Commission`s recommendation, an amount of Rs.502.90 crore has been sanctioned for creation of 1,734 additional courts in the country to substantially bring down the pendency of cases in the district and subordinate courts over the next five years.

(e)&(f) Pendency of cases in different courts is arising from various complex factors. These, inter-alia, include non-filling up of vacancies of judges, inadequate judge strength, inadequate infrastructure of buildings, staff and equipments, increased institution of cases on account of awareness of the rights on the part of the citizens, enactment of numerous laws, radical change in the pattern of litigation, frequent adjournment of cases, rise in population, lawyers` strike etc as some of the major causes.

Various steps are taken from time to time for filling-up of vacancies at various levels of the judiciary by the concerned authorities.

A Centrally Sponsored Scheme relating to development of infrastructural facilities for the Judiciary i.e. construction of court buildings and residences of judges, provision of computers etc., covering the High Courts and the District/Subordinate Courts is being implemented from 1993-94 under which an amount of Rs. 800.00 crore (approximately) has been spent so far.



ANNEXE-I

State-wise break-up of additional courts

Sl. Name of the No. of courts
No. State 
1. Andhra Pradesh 86

2. Arunachal Pradesh 5

3. Assam 20

4. Bihar 183

5. Chhattisgarh 31 6. Goa 5

7 Gujarat 166

8. Haryana 36

9. Himachal Pradesh 9 10. Jammu & Kashmir 12 11. Jharkhan 89 12. Karnataka 93 13. Kerala 37 14. Madhya Pradesh 85 15. Maharashtra 187 16. Manipur 3 17. Meghalaya 3 18. Mizoram 3 19. Nagaland 3 20. Orissa 72 21. Punjab 29 22. Rajasthan 83 23. Sikkim 3 24. Tamil Nadu 49 25. Tripura 3 26. Uttar Pradesh 242 27. Uttaranchal 45 28. West Bengal 152
1734