Day 6 Arguments

Judicial Vacancies in the Lower Courts

Day 5 Arguments: 12th December 2018

A 3 Judge Bench of the Supreme Court headed by the Chief Justice of India is monitoring steps taken by High Courts and State Governments to fill vacant judicial posts in the District and Subordinate Courts.

On the last date of hearing, Mr. Shyam Divan assisting the Court as Amicus Curiae for the NCT of Delhi among other States had presented the Court with the state of affairs as far the availability of infrstaructure was concerned. The Court had expressed its dissatisfaction with the situation in the Capital region and directed the Government of Delhi to file an affidavit with details pf the steps being taken to ensure that adequate courtrooms and resodences were made available before the newly appointed 147 judicial officers took charge of office in March 2020.

In today’s hearing, Amicus Mr. Shyam Divan and Mr. Raju Ramchandran appearing for the Government of Delhi made submissions on the affidavits filed by Registart General of the Delhi High Court and Government of Delhi.

In addition to steps being taken to develop permanenet infrstaructure, Mr. Divan informed the Court that the State was also undertaking the task of constructing temporary pre-fabricated court rooms to satisfy the immediate requirements for 148 court rooms in Saket, Karkardooma, Rohini, and Dwarka by March 2020. Mr. Raju Ramchandran further submitted that these courts would be located within the existing court complexes and the temporary infrastructure would be usable for 4 to 5 years.

CJI Ranjan Gogoi remarked that as far as the Court was concerned, if the temporary structures proposed to be constructed were satisfactory for the requirement of the High Court, the Government should go ahead with the same. The   more pressing concern was the construction of permanent court rooms in the Trans Yamuna region.

Mr. Divan submitted that Court rooms and lawyers were to be constructed in Shastri Park and Karkardooma by February 2021. these would be adjacent to the existing court rooms, therefore there would be no issue with respect to jurisdiction. Additionally, construction work for over 100 residences for judges in Anand Vihar would also be complete by February, 2022.

The Court took note of the proposal submitted for the construction of 201 court rooms, 521 lawyers chambers and 100 residential units as well as the 148 temporary court rooms and directed that the construction of the same be completed in a timely manner.