PRS · Ministry of Law & Justice ·

Understanding vacancies in the Indian judiciary

Distilled Policy Brief

  • Supreme Court collegium has recommended 11 judges for High Courts, but appointments have been delayed; vacancy rates rose from 18% to 21% (Supreme Court 6% to 12%, High Courts 33% to 38%, subordinate courts 18% to 20%) between 2010‑2020, contributing to 4 crore pending cases.
  • As of 1 Nov 2021, the Supreme Court had 1 vacancy out of 34 sanctioned posts; High Courts had 37% vacancies (406/1,098) and subordinate courts 21% vacancies (5,146/24,018) as of 20 Feb 2020, with average appointment time 5‑7 months after collegium recommendation.
  • Law Commission and NCMS propose judge‑to‑population ratio (50 per million) and weighted case‑load methods to calculate optimal judge strength and reduce backlog.

🎯 Prelims High-Yield Examination Points

Vacancy rate in High Courts was 37% as of 1 Nov 2021 (406 out of 1,098 posts).

⚖️ Mains Analytical & Syllabus Linkages

Delays in judicial appointments and high vacancy rates exacerbate case backlog, undermining access to justice; reforms such as judge‑to‑population ratio and weighted case‑load methods aim to optimize judicial manpower.

🎯 UPSC Prelims Practice Drill

Polity & Governance

According to the data for the period 2010‑2020, which of the following statements accurately describes the change in vacancy percentages in the Indian judiciary?

  • [A] Vacancy in the Supreme Court rose from 6% to 12%.
  • [B] Vacancy in High Courts fell from 38% to 33%.
  • [C] Vacancy in subordinate courts remained unchanged at 18%.
  • [D] Overall vacancy across all courts declined from 21% to 18%.
▶ Reveal Official Answer & Analytical Explanation
✓ Correct Option: [A] Vacancy in the Supreme Court rose from 6% to 12%.

The text states that between 2010 and 2020, vacancy in the Supreme Court increased from 6% to 12%. The other options misstate the trends: High Court vacancies rose, subordinate court vacancies rose to 20%, and overall vacancies increased from 18% to 21%.

Tark High-Yield Question Bank ⚡ Practice Full Test in Testing Arena ↗

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework
Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.