EXPEDITING JUSTICE
IN SUBORDINATE COURTS
The Centre has addressed letters
to the High Courts and the State Governments for intimating the
Department of Justice, in the Union Law Ministry, the action taken
by them to increase the working hours and cutting down vacations
in the subordinate courts as per the recommendations of the First
National Judicial Pay Commission.
The backlog of cases in the subordinate
judiciary is in the range of more than two crores. Increase in
the working hours and cutting down vacations of judges would go
a long way in expediting justice delivery system of the subordinate
courts. It is for the High Courts to frame rules under Articles
233 and 234 of the Constitution of India in respect of judges
of the subordinate judiciary to work overtime to clear the backlog.
Meanwhile, 2216 vacancies of judges
and magistrates in the subordinate judiciary comprising district
and subordinate courts exists on date as against a total sanctioned
strength of 13458 judges and magistrates. At present, 11242 judges
and magistrates are in position.
Filling up of the vacant posts of
judges and magistrates at the district and subordinate judiciary
is the responsibility of the respective High Courts and the State
Governments. Appointment of district judges and other judges of
the subordinate courts is made by the Governor of the State in
consultation with the High Court exercising jurisdiction in such
State under provisions of Article 233 and 234 of the Constitution
of India.
The Supreme Court of India in its
judgement of March 21, 2002 in All India Judges Association and
Others Vs. Union of India and Others has directed that the existing
vacancies in the subordinate courts at all levels be filled latest
by March 31, 2003 in all the States. In this connection, the Union
Minister of Law and Justice has addressed the Chief Justices of
all High Courts and Chief Ministers of all States requesting them
for ensuring compliance of the apex court orders.
Besides, the Central Government has
been urging periodically all the State Governments, Union Territories
and the High Courts to accord top priority to filling up of vacant
posts of judges and magistrates
