State Government and High Courts urged to fill up vacant posts of Judges

The Central Government has been periodically urging all the State Government/Union Territories and the High Courts to accord utmost priority to filling up of vacant posts of judges and magistrates.

The Sanctioned Strength of the Supreme Court is 26 Judges against which 24 Judges were in position as on March 7, 2007 leaving 2 vacancies to be filled up. Against a sanctioned Strength of 686 Judges, 604 Judges were in position leaving 82 Vacancies to be filled up as on March 7, 2007 in various High Courts.

Filling up of vacancies in the High Courts is a continuous consultative process among the constitutional authorities. While every effort is made to fill up the vacancies expeditiously, vacancies do keep arising on account of retirements, resignation or elevation of Judges. After the supreme Court Judgement of October 6, 1993 in the Supreme Court Advocates-on-Record & Anr. Vs. Union of India, read with their Advisory Opinion of October 28, 1998, the entire process of initiation of proposal for appointment of a Judge of the Supreme Court lies with the Chief Justice of India and for the appointment of a Judge of a High Court it lies with the Chief Justice of that High Court.

Under article 235 of the Constitution of India, the administrative control over the member of subordinate judiciary in the States vests with the concerned High Court and the State Government. Thus as regards the judge strength in the District and subordinate courts, the primary responsibility for taking necessary action for increasing the judge strength vests with the respective State Governments. Fillin up of the vacant posts of judges/magistrates at the District and Subordinate Courts is the concern of respective High Courts and the State Governments. This was stated by the Minister of State for Law & Justice, Shri K. Venkatapathy in a written reply in the Rajya Sabha today.

Source : Press Information Bureau

Keywords