The Supreme Court on Monday directed all high courts to submit by October 31 details of steps taken to fill up over 5,000 posts of judges vacant at the level of the subordinate judiciary.
The vacancies are seen as one of the main reasons for the pending three crore cases across the country.
“The above information will be made available to the secretary-general of this court on or before 31st October, 2018,” the apex court said.
The bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul fixed the deadline while taking cognisance of a communication the top court’s registry had received.
According to the communication, there were at present 5,133 vacancies out of 22,036 sanctioned posts for subordinate judges. In other words, nearly 25 per cent of the posts are vacant.
Justice Gogoi had earlier, immediately after being elevated as Chief Justice of India on October 3, sought information from various high courts on the vacant posts through an administrative order. The registrars of the high courts had then come up with brief information indicating the 5,133 vacancies.
On Monday, the bench converted the administrative direction into a judicial order for filling up the vacant posts at the earliest. The posts of subordinate judges are filled up by the high courts concerned through a written test or selection process conducted through the state public service commission.
In 2008, the apex court had mandated that all high courts must ensure that vacancies at the level of subordinate judges are filled up through a recruitment process initiated every year. But vacancies have not been filled up in most states.
The bench took a grim view of the situation. It issued a fresh directive seeking state-wise data on the existing recruitment schedule undertaken by the high courts in terms of the top court’s 2008 order.
The bench appointed several amici curiae (advisers) to ensure strict implementation of its directions. Senior advocate Shyam Divan will be the amicus curiae for Uttar Pradesh, Maharashtra, Bengal, Chhattisgarh, Delhi and the north-eastern states.
The other amici curiae who would assist the court are senior advocates K.V. Vishwanathan and Vijay Hansaria and advocate Gaurav Agrawal.
The court listed the matter for further hearing on November 1.