Shortage of Judges & Pendency of Cases

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    In Context

    • The Bombay High Court is facing an acute shortage of judges as nearly 40 percent of the posts are vacant.
      • There are 5.88 lakh cases pending before the Bombay High Court.

    Pendency of cases in India

    • Over 4.7 crore cases are pending in courts across different levels of the judiciary. 
    • Of them, 87.4% are pending in subordinate courts, 12.4% in High Courts, while nearly 1,82,000 cases have been pending for over 30 years. 
    • Bombay HC:
      • According to the National Judicial Data Grid ( NJDG), 
        • there are 5.88 lakh cases pending before the Bombay High Court 
        • of which 1.14 lakh fresh cases were filed in the last one year 
        • more than 16,000 criminal cases are pending for more than 10 years.

    Reasons behind the situation

    • The major reason behind this situation is the overall shortage of judges in the high courts in India.
    • The situation is grim in subordinate courts where along with the shortage, lack of basic infrastructure is a big concern.
      • There are over 5,000 vacancies in subordinate courts against the total sanctioned strength of 24,490.
    • Disruptions due to the coronavirus pandemic further clogged the Indian judicial system. 
      • There was a drop in new cases as courts went digital, but with lockdown restrictions in place, a slower disposal rate resulted in more pending cases.
    • Bombay HC:
      • The Bombay HC has a principal seat in Mumbai and benches in Aurangabad, Nagpur and Goa. 
      • It is currently functioning with 57 judges, including 48 permanent judges and nine additional ones
        • Its sanctioned strength is 94, the second largest after Allahabad HC. 
        • Due to the coming retirement and elevations, the number will fall further.

    Image Courtesy: IE

    Constitutional Provisions for Appointment of Judges

    • Judges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution.
      • Article 124(2) says: “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such Judges of the Supreme Court and of the High Courts in the States as he may deem necessary.
      • Article 217: “Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.”

    Collegium System

    • It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
    • The Supreme Court collegium is headed by the Chief Justice of India and comprises four other senior-most judges of the court.
    • A High Court collegium is led by its Chief Justice and four other senior-most judges of that court.
    • Names recommended for appointment by a High Court collegium reaches the government only after approval by the CJI and the Supreme Court collegium.
    • Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium.

    Role of Government in Judicial Appointment

    • The government’s role is limited.
    • It can only get an inquiry conducted by the Home Ministry if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.
    • It can also raise objections and seek clarifications regarding the collegium’s choices.
    • But if the collegium reiterates the same names, the government is bound, under Constitution Bench judgments, to appoint them as judges.

    Way Ahead

    • Speedy appointment of judges:
      • By not appointing judges, the government is depriving common persons of justice. Justice delayed is justice denied. 
      • There is urgent need to improve the judge-to-population ratio to reduce the workload of judges. 
    • Guidelines by Union government:
      • Centre had suggested measures like increasing the number of working days of courts, establishment of fast track courts and Indian Courts and Tribunal Services (ICTs) to increase the productivity of the court system. 
    • E-platforms:
      • Improve judicial infrastructure through the use of e-platforms and setting up of more courts.
      • India has launched the e-Courts National portal ecourts.gov.in of the eCourts Project.
    • Strengthen the Alternative Dispute Resolution (ADR) mechanism:
      • It uses the modes like Arbitration, Mediation and Conciliation.
      • It uses a neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute.
      • It offers to resolve all types of matters related to civil disputes, as explicitly provided by the law.
    • Counseling:
      • Disputes can be settled at the pre-litigation stage through counseling.

    Lok Adalat

    • Voluntary agencies like Lok Adalats (People’s Courts) are an interesting feature of the Indian legal system.
    • It is one of the alternative dispute redressal mechanisms.
    • It comprises an informal setting that facilitates negotiations in the presence of a judicial officer wherein cases are dispensed without undue emphasis on legal technicalities.
    • Its order is final and shall be deemed to be a decree of a civil court and shall be binding on the parties to the dispute.
    • Also, its order is not appealable in a court of law.

    Source: TH

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