Former Chief Justice of India (CJI) D.Y. Chandrachud has called on the government to address the severe shortage of judges in district courts, highlighting that 21% of judicial posts remain vacant.
In a recent interview, Justice Chandrachud, who recently retired, pointed out that India’s judge-to-population ratio is among the lowest in the world, stressing the need for urgent reforms.
“We do not have the necessary number of judges to handle the immense caseload coming into the district judiciary. The first priority should be to increase the judge-to-population ratio by appointing more judges,” Justice Chandrachud said.
Highlighting the staffing shortages in the judiciary, he said: “At present, about 21% of the posts in district judiciaries are vacant. Additionally, 27% of staffing positions in the district judiciary remain unfilled. In a federal structure like ours, recruitment is handled by high courts and public service commissions in certain states.”
To address these gaps, the former CJI proposed the creation of a national judicial service examination to streamline recruitment across the country.
“I believe one solution to fill these vacancies is to establish an all-India judicial service examination, where recruitment would take place through a unified system. States would conduct the recruitment, but there should be a national examination every year, scheduled in advance, with selections made based on merit,” he said, adding that such a reform would require a constitutional amendment, as state governors currently oversee district judge appointments.
Justice Chandrachud also defended the Supreme Court’s role as a protector of the common man, countering perceptions that it primarily serves the wealthy.
“The Supreme Court is not a court for the rich. It deals with the issues of the common people. In the last two years, we disposed of 21,358 bail applications, more than were filed. Many of these applications were from ordinary citizens facing charges such as cheating, assaults, and narcotics-related offenses.”
Responding to concerns about potential religious bias in court decisions, Justice Chandrachud refuted such claims, pointing out that bail is granted across all communities based on the merits of individual cases. “The number of people from all communities who are granted bail proves that religious factors do not influence decisions. The decision to grant bail is based on the specifics of each case, as assessed by the bench or judge,” he added.
However, he expressed concerns about the reluctance of district courts to grant bail, attributing it to a growing culture of mistrust.
District judges are hesitant to grant bail due to fears of extraneous allegations. This mistrust is a concern. We, as superior court judges, must protect the integrity of judges at the lower levels of the judiciary. If a district judge grants bail incorrectly, it can be corrected by a higher court. But we should not target judges who make such decisions,” he said.
(Inputs from ANI)
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