THE GIST of Editorial for UPSC Exams : 17 November 2018 (A crippling shortage: on vacancies in courts)

A crippling shortage: on vacancies in courts

Mains Paper 2: Polity
Prelims level: Judiciary
Mains level: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies

Context

•  The chronic shortage of judges and severe understaffing of the courts they preside over are significant reasons.

•  More than a decade after the Supreme Court laid down guidelines in 2007 for making appointments in the lower judiciary within a set time frame, a similar issue is back before the highest court.

Effects of these unfilled vacancies

•  The immediate context is the existence of more than 5,000 vacancies in the subordinate courts.

•  A Bench headed by Chief Justice of India Ranjan Gogoi has pulled up State governments and the administration of various High Courts for the delay in filling these vacancies.

•  Answers provided in the Rajya Sabha reveal that as on March 31, 2018, nearly a quarter of the total number of posts in the subordinate courts remained vacant. The court has put the actual figure at 5,133 out 22,036 sanctioned posts.

•  The State-wise figures are quite alarming, with 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%.

•  The reasons are not difficult to guess: utter tardiness in the process of calling for applications, holding recruitment examinations and declaring the results, and, more significantly, finding the funds to pay and accommodate the newly appointed judges and magistrates.

•  Besides, Public Service Commissions should recruit the staff to assist these judges, while State governments build courts or identify space for them.

Role of Subordinate courts

•  According to the Constitution, 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.

•  A smooth and time-bound process of making appointments would, therefore, require close coordination between the High Courts and the State Public Service Commissions.

•  A study released last year by the Vidhi Centre for Legal Policy revealed that the recruitment cycle in most States far exceeded the time limit prescribed by the Supreme Court.

•  This time limit is 153 days for a two-tier recruitment process and 273 days for a three-tier process.

Way forward

•  Most States took longer to appoint junior civil judges as well as district judges by direct recruitment.

•  Subordinate courts perform the most critical judicial functions that affect the life of the common man: conducting trials, settling civil disputes, and implementing the bare bones of the law.

•  Any failure to allocate the required human and financial resources may lead to the crippling of judicial work in the subordinate courts.

•  It will also amount to letting down poor litigants and undertrials, who stand to suffer the most due to judicial delay.

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General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) The qualifications and manner in which the Chairman and members of the Finance Commission should be selected is determined by:
(a) President
(b) Parliament
(c) NITI Aayog
(d) President in consultation with Supreme Court
 Answer: B

Mains Questions:
Q.1) Lower courts, performing critical functions, must not be bogged down by vacancies. In this context what are roles performed by the lower courts.