Judge Vacancies: How did justice get delayed? 20% of lower court judges’ posts are vacant

According to government data, more than 20% of the posts of judges in the lower courts are vacant. Out of a total of around 25,000 posts across the country, 5,238 posts are vacant.

Delay in justice is equivalent to denying justice, this saying has been heard for years, but the problem of delay in justice due to thousands of vacant posts of judges and magistrates in lower courts is not being resolved. According to government data, more than 20% of the posts of judges in the lower courts are vacant. Out of a total of around 25,000 posts across the country, 5,238 posts are vacant. In Uttar Pradesh alone, out of a total of 3,700 posts, 973 posts are vacant, which is the highest in the country. The situation is similar in Rajasthan, Madhya Pradesh, and Gujarat. The important thing is that most of the cases in lower courts are related to small crimes and disputes of the common man, the poor, and the villagers. Due to delays in decisions, the common man has to face time, labor, and heavy economic losses. At the same time, questions are being raised about the trust in the judiciary. It is noteworthy that there are around 4.49 crore pending cases in the lower courts of the country till October 22, 2024.

This is the obstacle, delay in justice

Efforts are being made to fill the vacant posts of judges in lower courts, but sometimes due to budget problems, delays in the examination process, or court disputes, the expected recruitment is not completed on time. In many states, new courts are being opened due to political reasons or changes in administrative units (new districts-tehsils), but new magistrates or judges are not being appointed immediately. This increases the number of vacancies. The vacancy of judges’ posts does not mean that the cases of common people or their hearings are stopped. Every court has a link or alternative court. When the post of a judge is vacant in the main court, the hearing takes place in the link court, but due to the additional burden of pending cases, the disposal of cases is delayed, causing loss to the common litigants.

The President,and the CJI had also expressed concern

President Draupadi Murmu and the Chief Justice of India DY Chandrachud have expressed concern over the delay in the disposal of cases and its dangers, but the vacant posts of judges in lower courts are increasing instead of decreasing. Recently, President Murmu expressed her concern in a meeting of judicial officers, saying that people are withdrawing their cases due to the fatigue of litigation. CJI Chandrachud said in a program last month that people consider the court process as punishment and want to stay away from courts.

Vacant posts of judges in lower courts in major states/UTs

Uttar Pradesh – 973, Gujarat – 535, Bihar – 483, Tamil Nadu – 339, Rajasthan – 320, Madhya Pradesh – 319, Maharashtra – 250, Karnataka – 244, Jharkhand – 203, Chhattisgarh – 195, Haryana – 217, Jammu and Kashmir – 100, Odisha – 267, West Bengal and Andaman and Nicobar – 242, Telangana – 115, Andhra Pradesh – 74, Kerala – 66, Arunachal Pradesh – 11, Assam – 25, Dadra and Nagar Haveli – 1, Delhi – 81, Goa – 10, Himachal Pradesh – 19, Ladakh – 8, Lakshadweep – 2, Manipur – 13, Meghalaya – 43, Mizoram – 29, Nagaland – 10, Puducherry – 19, Punjab – 73, Sikkim – 12, Tripura – 24, Uttarakhand – 28