Petition in SC for appointing judges as per sanctioned strength in high courts

A petition has been filed in the Supreme Court seeking directions to expeditiously appoint judges in high courts as per the sanctioned strength to meet the needs of litigants suffering from a delay in access to justice. The petition filed by Uttarakhand-based lawyers group, Youth Bar Association of India, submitted that though some appointments have been made in various high courts as well as in the apex court, about 39 per cent of the sanctioned strength of the Judges of the High Courts was vacant as on June 1, 2019.

A Law Ministry report last year had stated that the approved strength of judges in the lower judiciary is 22,474 and in the case of high courts, the approved strength is 1,079. The lawyer's body stated that the State and its functionaries were violating the fundamental rights of citizens of India enshrined under Article 14, 19 and 21 of the Constitution.

"Due to non-appointment of judges in High Courts as per sanctioned strength citizens' right to speedy justice is being violated," the association contended, adding that if such directions are not passed the dearth of judges in high courts will result in a violation of the basic fundamental right of speedy justice. The petitioner stated that a representation dated June 28, 2019, was sent to the various authorities on the issue of the sanctioned strength of the Judges but no further progress has been made in this regard by them.

The lawyer's body said the present petition is the second writ petition filed by it as the first one filed last year was disposed of with the advice to make a representation before competent authorities. The petition said the need of the hour demands that the Centre and the Supreme Court collegium be directed to take dire steps to fill up the vacancies of the Judges of the High Courts as well as the Subordinate Courts as per the sanctioned strength.

It said there was also a need to consider to increase the sanctioned strength of the Judges, which ought to have been raised taking into account the rapid increase in the pendency of the cases and the population of the country, which has also grown many folds.

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