The Supreme Court’s
judgement of March 21, 2002, in All India Judges Association and
Others Vs. Union of India and Others directing the Government
to increase the judge strength from the existing ratio of 13 judges
per 10 lakh people to 50 judges per 10 lakh people within a period
of five years in a phased manner to be determined and directed
by the Union Ministry of Law, if implemented, will increase the
judge strength to 51,351 judges at 50 judges per 1 million population
as per the Census 2001 from the existing strength of judges at
15,095. At present, there are 14.7 judges per million population
in the country.
Meanwhile, the Central
Government has filed application before the Supreme Court, seeking
modification of its directions for increase in judge strength
on the basis of population in respect of Union Territories and
permit the Union Government to determine the appropriate judge
strength based on the relevant factors including pendency of cases.
The matter is sub judice.
The Centre has also
addressed the State Governments for taking necessary action to
increase the judge strength in keeping with the directions of
the Supreme Court.
The judge strength
in the Supreme Court is as provided for in the Constitution of
India. The judge strength in the High Courts is reviewed once
in three years as per prescribed norms on the basis of figures
of institution, disposal and pendency of cases in each High Court.
As for district and subordinate courts, the judge strength is
worked out by State Governments in consultation with the concerned
High Courts.
The Law Commission
of India in its 120th report on Manpower Planning in
Judiciary : A Blue Print in July 1987, observed that the strength
of judicial officers in India was far less as compared to certain
other countries. The Commission recommended that the present strength
of 10.5 judges per million population be increased to 50 judges
per million population in a phased manner.
