Indian Polity

KEY POINTS

·        The State-wise figures of vacancies-Uttar Pradesh having a vacancy percentage of 42.18 and Bihar 37.23. Among the smaller States, Meghalaya has a vacancy level of 59.79%.

·        According to Vidhi Centre for Legal Policy, the recruitment cycle in most States far exceeded the time limit prescribed by the Supreme Court.

 Effects of Vacancies in Subordinate Judiciary

·        High pendency of cases.

·        According to the National Judicial Data Grid, a total of around 20 Lakhs cases, which are 10 years or older, are pending in the lower courts.

·        Delay in conducting trials, settling civil and criminal disputes which affect the life of common man.

·        Affects the ease of doing business environment in India leading to a delay in completion of projects; eventually, cost of implementing the projects gets increased.

Appointment procedure

·        According to the Constitution of India, District judges are appointed by the Governor in consultation with the High Court.

·        Other subordinate judicial officers are appointed as per rules framed by the Governor in consultation with the High Court and the State Public Service Commission.

·        Staffs in the Subordinate judiciary are appointed by District and Sessions judges.

Impediments in filling the vacancies

·        Significant delay in the process of calling for applications, holding recruitment examinations and declaring the results.

·        Poor infrastructure, from courtrooms to residences for judges, and a sheer lackadaisical approach to conducting the appointment process on time.

·        Lack of funds to pay and accommodate the newly appointed judges and magistrates.

·        Delay in State Public Service Commissions in recruiting the staffs to assist these judges.

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