Union law minister Ravi Shankar Prasad has urged Odisha Chief Justice KS Jhaveri to accelerate the process of appointing judges, especially in lower rungs of the judiciary, calling it a generally “urgent” issue.
India faces a long-standing problem of judicial backlogs or ‘pendency’, which means cases take inexorably long to settle. This makes access to justice for millions costlier and cumbersome.
Until August 14, 2018, there were 27.6 million cases pending in subordinate courts across the country, often the first point of litigation for people, according to official data.
One of the “underlying reasons” for the high pendency is “sometimes the inordinate delay in filling up the vacancies of judicial officers”, Prasad said in a letter, which has been seen by HT.
Prasad has written similar letters to other chief justices over the course of his term.
The law ministry, in consultation with the judiciary, has increased the “sanctioned strength” of judges in district and lower courts from 19,518 judges (in 2013) to 22,444 at present.
In contrast, the total working strength of judges stands at 17,221. According to data cited by the law minister, this means the country is running short of 5,223 judges, or nearly a third. Of this, Odisha had 216 vacant positions.
{{/usCountry}}In contrast, the total working strength of judges stands at 17,221. According to data cited by the law minister, this means the country is running short of 5,223 judges, or nearly a third. Of this, Odisha had 216 vacant positions.
{{/usCountry}}The justice department has been holding video-conferencing with judicial registrars in states to track the progress in filling up vacancies, especially entry-level recruitment examinations.
According to the Economic Survey 2017-18, the average pendency of tax cases is nearly six years per case. Further, the average pendency of civil suits at the Delhi High Court is 5.84 years, while in Delhi’s lower courts it is 3.66 years.
Prasad, in the letter, said it was “evident” that high courts have taken steps to expedite recruitment.
The justice department also expects to bring online connectivity to 2,992 more district and lower courts across the country by the year-end, part of the Supreme Court-monitored ‘e-court’ project aimed at improving access to justice through digitisation.