Judges' shortage hampers trials

This situation emerged in Appellate Division after some judges retired; lower courts suffer similarly amid burden of pending cases
Ashutosh Sarkar
Ashutosh Sarkar
13 March 2015, 18:50 PM
UPDATED 18 March 2015, 00:50 AM

At the Appellate Division of the Supreme Court, more than 15,000 cases have remained un-adjudicated for a long time, and four vacant judgeships have made the situation worse.

Backlogs are a massive problem in the country's judiciary--higher and lower courts alike--particularly because of a perpetual shortage of judges.

After Justice Surendra Kumar Sinha took the office of chief justice, he laid stress on doubling the number of judges across the country to solve the problem.

Around 3.65 lakh cases are pending in the SC--over 3.5 lakh in the High Court Division-- and 26 lakh cases in district courts around the country.

"It is evident that the number of judges is quite disproportionate to that of pending cases," Justice Sinha said, speaking at a reception on January 18.

The vacancies were created in the Appellate Division after some judges retired.

The 11 appellate judges, including the chief justice, can preside over cases in three benches, but due to the shortage, one bench is totally inoperative.

The last recruitment of appellate judges took place on March 31, 2013.

A dire strait had persisted in the High Court Division too, before it got 10 additional judges on February 9, raising the total number of HC judges to 97.

Court sources say the High Court usually disposes of 260 cases a day.

In January, Law Minister Anisul Huq told The Daily Star that the government planned to appoint new judges into both divisions but did not specify the number and time.

Earlier, in December 2014, he had said both divisions would get new judges by January.

The same problem plagues the lower courts too. Currently there are 1,700 judges, and the Law Commission recommended in September last year appointment of 3,000 more, if the government wants to reduce backlogs and bestow justice.