(a) the number of cases pending in Gujarat High Court along with the number of cases pending for the last ten years;
(b) the number of the posts of judges lying vacant in Gujarat High Court at present along with the time since when these posts are lying vacant; and
(c) the steps taken by the Government to fill the said vacancies?
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a): As per the information available on the National Judicial Data Grid (NJDG), 1,47,763 cases are pending in the Gujarat High Court, out of which 17,417 cases are pending for ten years or more, as on 18.03.2021.
(b): The sanctioned and working strength of Judges in the Gujarat High Court is 52 and 30 respectively as on 18.03.2021. The details of vacancies since 01.12.2018 is as follows:-
As on Date Sanctioned Strength Working Strength Vacancy
01.12.2018 52 29 23
01.12.2019 52 28 24
01.12.2020 52 30 22
18.03.2021 52 30 22
At present no proposal has been received from Gujarat High Court Collegium for appointment of Judges of Gujarat High Court.
(c): The appointment of Judges of the High Court is done under Article 217 and 224 of the Constitution respectively. As per procedure prescribed in the Memorandum of Procedure (MoP) for appointment of Judges in the Higher Judiciary, prepared in 1998 pursuant to the Supreme Court Judgement of October 6, 1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case), the initiation of appointment of Judge of the High Court vests with the Chief Justice of the High Court concerned. Filling up of vacancies in the High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities both at State and Centre level. While every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also the increase in the strength of Judges.
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