A statement showing the approved strength,
working strength and vacancies of Judges in the Supreme Court and High Courts
as on 29.02.2016 is given at Annexure-I. The number of Judges of Supreme Court
and High courts appointed from 1st January, 2015 till 13th April 2015 i.e. the
date on which the Constitution(Ninety Ninth Amendment) Act, 2014 and the
National Judicial Appointments Commission Act, 2014 were brought into force is
given at Annexure-II. With the coming into force of these Acts, all
appointments of Judges of Supreme Court and High Courts through the Collegium
process as laid down in the Memorandum of Procedure were stopped. However, with
the revival of the Collegium system, the process of appointment of Judges has
resumed. A Statement showing the sanctioned strength, working strength and
vacancies of Judicial Officers in District and Subordinate Courts in the
country as on 30.06.2015 is given at Annexure-III.
In All India Judges’ Association Case, the
Hon’ble Supreme Court in its Judgement dated 21st March, 2002, on a
comparative assessment of the position in other countries directed that there
should be 50 judges for a million population in the country. Based on the
population, as per census 2011 and sanctioned strength of judges in the Supreme
Court and High courts as on 29.02.2016, and the sanctioned strength of
Judges/Judicial Officers of District and Subordinate Courts as on 31.12.2015,
the Judge population ratio in the country works out to be 17.72 Judges/Judicial
Officers per million population.
The Supreme Court vide its order dated
16.10.2015 declared that the system of appointment of Judges to Supreme Court,
and Chief Justices and Judges of High Court from one High Court to another as
existing prior to Constitution (Ninety-Nineth Amendment ) Act, 2014 called the
“Collegium System” to be operative. The Supreme Court simultaneously decided to
consider introduction of appropriate measures, if any, for an improved working
of the “Collegium System”. The Government of India submitted its suggestions
subject to its reservation about the correctness of the Judgment. The
Government has taken the stand that it reserves its liberty to take such action
as it may decide fit. Further, the Parliament has the power within the
parameters of the Constitution to govern the criteria and process for
appointment of Judges to the Supreme Court and High Courts.
The Supreme Court pronounced its Order
on improvement in the “Collegium System” on 16.12.2015. Vide this order they
have decided that the Government of India may finalize the existing Memorandum
of Procedure (MoP) by supplementing it in consultation with the Chief Justice
of India, and based on the unanimous view of the Collegium comprising the four
senior-most puisne Judges of the Supreme Court. The Supreme Court has indicated
broad categories under which existing MoP can be supplemented such as eligibility
criteria, transparency in the appointment process, Secretariat and complaints
etc. The Department of Justice is in the process of preparing a revised draft
Memorandum of Procedure in consultation with the State Governments.
******
ST/rs
Annexure I – As on 29-02-2016
|
Sl. No.
|
Name of the Court
|
Approved Strength
|
Working Strength
|
Vacancies as per
Approved Strength
|
|
A.
|
Supreme Court of India
|
31
|
25
|
06
|
|
B.
|
High Court
|
Pmt.
|
Addl
|
Total
|
Pmt.
|
Addl
|
Total
|
Pmt.
|
Addl
|
Total
|
|
1
|
Allahabad
|
76
|
84
|
160
|
65
|
07
|
72
|
11
|
77
|
88
|
|
2
|
High Court of Judicature at Hyderabad*
|
46
|
15
|
61
|
16
|
10
|
26
|
30
|
05
|
35
|
|
3
|
Bombay
|
71
|
23
|
94
|
38
|
22
|
60
|
33
|
01
|
34
|
|
4
|
Calcutta
|
45
|
13
|
58
|
21
|
22
|
43
|
24
|
-09
|
15
|
|
5
|
Chhattisgarh
|
17
|
05
|
22
|
03
|
06
|
09
|
14
|
-01
|
13
|
|
6
|
Delhi
|
45
|
15
|
60
|
34
|
05
|
39
|
11
|
10
|
21
|
|
7
|
Gauhati
|
18
|
06
|
24
|
08
|
07
|
15
|
10
|
-01
|
09
|
|
8
|
Gujarat
|
39
|
13
|
52
|
27
|
03
|
30
|
12
|
10
|
22
|
|
9
|
Himachal Pradesh
|
10
|
03
|
13
|
07
|
--
|
07
|
03
|
03
|
06
|
|
10
|
Jammu & Kashmir
|
13
|
04
|
17
|
08
|
01
|
09
|
05
|
03
|
08
|
|
11
|
Jharkhand
|
19
|
06
|
25
|
08
|
04
|
12
|
11
|
02
|
13
|
|
12
|
Karnataka
|
47
|
15
|
62
|
22
|
09
|
31
|
25
|
06
|
31
|
|
13
|
Kerala
|
27
|
11
|
38
|
19
|
16
|
35
|
08
|
-05
|
03
|
|
14
|
Madhya Pradesh
|
40
|
13
|
53
|
27
|
02
|
29
|
13
|
11
|
24
|
|
15
|
Madras
|
56
|
19
|
75
|
35
|
0
|
35
|
21
|
19
|
40
|
|
16
|
Manipur
|
04
|
01
|
05
|
04
|
0
|
04
|
0
|
01
|
01
|
|
17
|
Meghalaya
|
03
|
01
|
04
|
02
|
0
|
02
|
01
|
01
|
02
|
|
18
|
Orissa
|
20
|
07
|
27
|
15
|
06
|
21
|
05
|
01
|
06
|
|
19
|
Patna *
|
40
|
13
|
53
|
24
|
05
|
29
|
16
|
08
|
24
|
|
20
|
Punjab& Haryana *
|
64
|
21
|
85
|
37
|
11
|
48
|
27
|
10
|
37
|
|
21
|
Rajasthan
|
38
|
12
|
50
|
21
|
03
|
24
|
17
|
09
|
26
|
|
22
|
Sikkim
|
03
|
0
|
03
|
02
|
0
|
02
|
01
|
0
|
01
|
|
23
|
Tripura
|
04
|
0
|
04
|
04
|
0
|
04
|
0
|
0
|
0
|
|
24
|
Uttarakhand
|
09
|
02
|
11
|
06
|
0
|
06
|
03
|
02
|
05
|
|
Total
|
754
|
302
|
1056
|
453
|
139
|
592
|
301
|
163
|
464
|
Annexure
II
|
Sl. No
|
Name of the Court
|
Judges appointed from 01.01.2015 till
13.04.2015
|
|
A.
|
Supreme Court of India
|
01
|
|
|
|
|
|
B.
|
HIGH COURT
|
|
|
1.
|
GAUHATI
|
05
|
|
2.
|
ALLAHABAD
|
07
|
|
3.
|
CALCUTTA
|
08
|
|
4.
|
KERALA
|
07
|
|
5.
|
SIKKIM
|
01
|
|
6.
|
ORISSA
|
03
|
|
7.
|
JHARKHAND
|
01
|
|
8.
|
PATNA
|
02
|
|
9.
|
PUNJAB &HARYANA
|
01
|
|
|
TOTAL
|
35
|
Annexure III
(Position as on 30.06.2015)
|
Sr. No.
|
Name of State / UT
|
Total Sanctioned Strength
|
Total Working Strength
|
Vacancies
|
|
1
|
Arunachal Pradesh
|
17
|
15
|
2
|
|
2
|
Andhra Pradesh & Telengana
|
1034
|
812
|
222
|
|
3
|
Assam
|
420
|
307
|
113
|
|
4
|
Bihar
|
1727
|
997
|
730
|
|
5
|
Chandigarh
|
30
|
30
|
0
|
|
6
|
Chhattisgarh
|
356
|
296
|
60
|
|
7
|
Daman & Diu and Dadra Nagar Haveli
|
7
|
6
|
1
|
|
8
|
Delhi
|
793
|
469
|
324
|
|
9
|
Goa
|
52
|
39
|
13
|
|
10
|
Gujarat
|
1914
|
1197
|
717
|
|
11
|
Haryana
|
644
|
478
|
166
|
|
12
|
Himachal Pradesh
|
146
|
137
|
9
|
|
13
|
Jammu and Kashmir
|
245
|
217
|
28
|
|
14
|
Jharkhand
|
590
|
368
|
222
|
|
15
|
Karnataka
|
1112
|
824
|
288
|
|
16
|
Kerala
|
456
|
419
|
37
|
|
17
|
Lakshadweep
|
3
|
3
|
0
|
|
18
|
Madhya Pradesh
|
1461
|
1234
|
227
|
|
19
|
Maharashtra
|
2088
|
1618
|
470
|
|
20
|
Manipur
|
41
|
32
|
9
|
|
21
|
Meghalaya
|
56
|
29
|
27
|
|
22
|
Mizoram
|
63
|
31
|
32
|
|
23
|
Nagaland
|
27
|
25
|
2
|
|
24
|
Odisha
|
694
|
613
|
81
|
|
25
|
Puducherry
|
21
|
9
|
12
|
|
26
|
Punjab
|
672
|
498
|
174
|
|
27
|
Rajasthan
|
1191
|
822
|
369
|
|
28
|
Sikkim
|
18
|
14
|
4
|
|
29
|
Tamil nadu
|
1004
|
840
|
164
|
|
30
|
Tripura
|
104
|
72
|
32
|
|
31
|
Uttar Pradesh
|
2097
|
1845
|
252
|
|
32
|
Uttarakhand
|
281
|
208
|
73
|
|
33
|
West Bengal and A & N Islands
|
994
|
856
|
138
|
|
Total
|
20358
|
15360
|
4998
|
**********