Judiciary has more than 5,600 vacancies across courts

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As per Ministry of Law there are more than 5,600 vacancies in the judiciary from lower courts to Supreme Court (SC).

There are currently 2 vacancies in SC, 364 in high courts (HC), & 5245 in district courts.

Reasons

Periodic Vacancies: Due to retirement, resignation, demise, elevation of judges, increase in sanctioned strength of courts.
Time Consuming Collegium Process: It involves a continuous & collaborative process between Executive & Judiciary which requires consultation & approval from various authorities.
- Appointment of HC judges is governed by Articles 217 & 224 of constitution.
Other: Delays in examination process regarding judicial appointments at lower courts, low salaries, & workload, can deter talented lawyers from joining the judiciary.

Justice Delayed: Over 19,500 & 27 lakh cases are pending in SC & HC respectively.
- Other reasons for pending cases include inadequate infrastructure, frequent adjournments, absence of strict timelines etc.
Low judge-to-population ratio leads to the huge work stress on judicial officers, making them prone to making mistakes.
- In 2002, a direction was passed in All India Judges Association case that by 2007, judge-to-population ratio in trial judiciary should be 50 per million.
  - However, even in 2024, this ratio is not even 25 per million.

Revisiting National Judicial Appointments Commission (NJAC) framework could provide a balanced approach to judicial appointments, ensuring both independence and accountability.
All India Judicial Service (AIJS): A centralized recruitment process for district and subordinate courts, similar to the civil services, could attract more talent and ensure uniformity.
- Article 312 of the Constitution deals with the creation of All-India Services.
Other: Streamlining appointment process, Conducting periodic assessments of judicial strength etc.