Vacant Positions of Judicial Officers in District & Subordinate Court as on 05.02.2024

By Annu Priya February 11, 2024

State-wise details of vacant positions in District and Subordinate Courts, including Uttar Pradesh, provided. No centralized info on Sessions Courts vacancies or land dispute cases. Judicial officer appointment managed by respective State Governments and High Courts. Central Government not directly involved. Judicial case disposal solely under judiciary. Land management and police jurisdiction under States.

GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO.1209
TO BE ANSWERED ON FRIDAY, THE 9TH FEBRUARY, 2024

VACANCY OF JUDGES IN SESSION COURTS

1209. SHRI BHOLANATH (B.P. SAROJ)

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether a number of posts of judges are lying vacant in the Sessions Courts of the country leading to pendency of cases of different category, especially land dispute cases in rural areas for many years;

(b) if so, the details thereof along with the reasons therefor, State-wise and district- wise including Uttar Pradesh;

(c) whether any guidelines have been issued by the Government to set any time limit for immediate disposal of the land disputes in rural areas pending in the Sessions Courts and if so, the details thereof;

(d) whether the number of cases related to land dispute has been rising in the Sessions Courts due to the fact that Scheduled Caste farmers in the rural areas do not get justice in the respective police stations of the same area; and

(e) if so, whether any concrete guidelines have been issued in this regard so that their cases are settled in their respective police stations?

ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

(SHRI ARJUN RAM MEGHWAL)

(a) & (b): The State-wise, details of vacant positions in the District and Subordinate Courts, including Uttar Pradesh is given at Annexure-I. The information regarding District-wise vacancy position in Sessions Courts is not centrally maintained.

Further, as per information provided by Department of Land Resources, Ministry of Rural Development, the pendency of land dispute cases are not Centrally maintained.

The filling up vacant positions in the Sessions Courts of the country is the responsibility of the High Courts and State Governments concerned. The Central Government has no direct role in the selection, recruitment and appointment of judicial officers in District/Subordinate judiciary level, as per the provisions of the Constitution. As per the Constitutional framework, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court frames the rules and regulations regarding the issues of appointment and recruitment of Judicial Officers in the respective State Judicial Service. In some States, the respective High Courts undertake the recruitment process, whereas in other States, the High Courts does it in consultation with the State Public Service Commissions.

(c) to (e): The disposal of cases in courts is within the exclusive domain of the judiciary. The Central Government has no direct role in the stated matter.

Further, as per information provided by Department of Land Resources, Ministry of Rural Development, as per Entry 18 and Entry 45 (State List) of the Seventh Schedule to the Constitution of India, “Land and its management” falls within the jurisdiction of States. Similarly, as per Entry 2 (State List) of the Constitution’s Seventh Schedule “Police (including railway and village police)” falls within the jurisdiction of the States.

Annexure-I

STATEMENT REFERRED TO IN REPLY TO PARTS (A) & (B) OF LOK SABHA UNSTARRED QUESTION NO. †1209 FOR ANSWER ON 09.02.2024 REGARDING ‘VACANCY OF JUDGES IN SESSION COURTS’.