Long Court Vacations, Indiscriminate Use Of Writ Jurisdiction, Frequent Adjournments Etc. Reasons For Delay In Disposal Of Cases, Says Law Minister

There is no shortage of Judges in the Supreme Court of India, said the Law Minister today in Parliament.

Replying to queries of two MPs, Minister Ravi Shankar Prasad told the house that Supreme Court has reached its full strength of 31 Judges for the first time since 2009. As on 01.07.2019, there are 403 vacancies in the High Courts, the minister added.

Minister's Reasons For Delay In Disposal of Cases

The Minister said that 59331 cases are pending in the Supreme Court and 43.55 Lakh cases are pending in High Courts. According to minister, the delay in disposal of cases in Higher Judiciary is not only due to shortage of Judges, but also due to these factors such as

• Increasing number of state and central legislation

• Accumulation of first appeals

• Continuation of ordinary civil jurisdiction in some of the high courts

• Appeals against orders of quasi-judicial forums goings to high courts

• Number of revision/appeals

• Frequent adjournments

• Indiscriminate use of writ jurisdiction

• Lack of adequate arrangements to monitor, track and bunch cases for hearing,

• long duration of vacation period of court

• Assigning work of administrative nature to the judges, etc.

On CJI's Proposals

The minister also acknowledged that the CJI has proposed to increase the retirement age of High Court Judges for ensuring continued availability of more experienced judges for a longer tenure and for improving the vacancy position and reducing the pendency of case. In this regard, the minister said:

The matter of augmenting the Judge-strength of the Supreme Court of India and increase in the retirement age of High Court Judges needs to be considered along with other measures to ensure transparency, accountability in the appointment of Judges and Court & Case management for reduction in pendency of cases in the Higher Judiciary.

Explains MoP

In reply to another query, the minister briefly explained the Memorandum of Procedure (MoP) for appointment of Judges. He said:

"As per the Memorandum of Procedure (MoP), initiation of proposal for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while initiation of proposal for appointment of Judges of the High Courts vests with the Chief Justice of the concerned High Court. The Government on its own cannot recommend any name for appointment as a Judge of Supreme Court and High Courts. However, if the Chief Minister desires to recommend the name of any person for appointment as a Judge of High Court, he/she should forward the same to the Chief Justice for his consideration. The names of the recomendees are considered by the State Constitutional Authorities, Supreme Court Collegium and Constitutional Authorities at the Centre before their appointment as Judges of High Courts. Sometimes some of the names recommended by the High Court Collegium for appointment as Judges of High Courts are relatives of the sitting or retired Judges of Supreme Court and High Courts."

On All India Judicial Service

4,223 cases are pending in Supreme Court for more than 10 years, 8.33 lakh cases are pending in High Courts and 25.10 lakh cases are pending District and Subordinate Courts for more than 10 years, the minister added. The minister also explained the steps taken by the Government to facilitate filling of vacancies in lower judiciary. He also said that there is divergence of opinion among the States and High Courts on constitution of All India Judicial Service (AIJS), the Government has undertaken the consultative process to arrive at a common ground.