Report No. 79
Chapter 3
Strength of The High Courts: Numerical and Qualitative Aspects
I. Statistics
3.1. Scope of Chapter.-
We propose to deal in this Chapter with the strength of High Courts and other connected matters-matters which we regard as of primary importance in solving the problem of arrears and preventing the further accumulation of arrears. Since this question requires consideration of figures of institution, disposal and pendency of cases in High Courts, we first refer to such figures for recent years.
3.2. Increase in pendency.-
According to the statistics issued by the Ministry of Law, Justice and Company Affairs1 (Department of Justice), on June 2, 1978, the total number of cases pending in the High Courts on 1-1-77 and 31-12-77, as also the percentage of increase in pendency, was as under2:
1-1-1977 |
31-12-1977 |
Percentage increase in pendency |
|
Main Cases |
4,61,720 |
4,97,172 |
+7.7 |
Miscellaneous Cases |
99,161 |
1,10,746 |
+11.7 |
Total |
5,60,881 |
6,07,918 |
+8.4 |
The position in the High Courts with heavy pendency was as under: |
|||
1-1-1977 |
31-12-1977 |
Percentage increase or decrease in pendency |
|
Allahabad |
1,20,022 |
1,32,749 |
+10.6 |
Calcutta |
76,866 |
72,448 |
-5.7 |
Bombay |
50,099 |
52,592 |
+5.0 |
Madras |
42,078 |
51,763 |
+23.0 |
Madhya Pradesh |
42,723 |
46,613 |
+9.1 |
Punjab & Haryana |
43,542 |
46,069 |
+5.8 |
Kerala |
43,130 |
42,739 |
-0.9 |
Karnataka |
24,427 |
36,449 |
+49.2 |
Patna |
27,375 |
29,435 |
+7.5 |
1. See Department of Justice figures (Appendix).
2. For figures of five years, see paras. 1.32 to L36, supra.
3.3. Institution and disposal.-
Institution and disposal during the year 1977 in the country as a whole and percentage of disposal qua institution in each of the High Courts were as under:
(i) In the country (1977)
Institution |
Disposal |
Percentage of disposal qua institution |
|
Main Cases |
2,39,796 |
2,04,331 |
85.2 |
Miscellaneous Cases |
2,14,937 |
1,96,373 |
91.4 |
Total |
4,54,733 |
4,00,704 |
88.1 |
(ii) Percentage of disposal qua institution in the High Courts (1977)
| Sikkim | 128.6 |
| Calcutta | 110.2 |
| Gujarat | 104.1 |
| Kerala | 101.1 |
| Orissa | 98.4 |
| Rajasthan | 96.8 |
| Andhra Pradesh | 96.6 |
| Bombay | 93.6 |
| Punjab & Haryana | 92.1 |
| Patna | 87.6 |
| Madhya Pradesh | 86.6 |
| Delhi | 84.5 |
| Himachal Pradesh | 83.2 |
| Madras | 82.2 |
| Gauhati | 81.8 |
| Allahabad | 77.9 |
| Jammu and Kashmir | 70.1 |
| Karnataka | 67.5 |
The average disposal per judge during the years 1976 and 1977 in the country as a whole and the various High Courts was as under:
1976 |
1977 |
||
(i) |
In the country |
688.2 |
729.2 |
(ii) |
In the High Courts |
||
Punjab & Haryana |
917.4 |
1216.3 |
|
Kerala |
844.3 |
1063.4 |
|
Madras |
1001.2 |
1031.6 |
|
Calcutta |
1078.1 |
1006.9 |
|
Gujarat |
884.3 |
840.5 |
|
Andhra Pradesh |
992 |
826.1 |
|
Karnataka |
952.9 |
807.7 |
|
Allahabad |
590 |
648.3 |
|
Bombay |
931.5 |
627.3 |
|
Madhya Pradesh |
805.2 |
590.8 |
|
Patna |
718.5 |
580.4 |
|
Orissa |
608.1 |
571.2 |
|
Rajasthanv606.4 |
444.9 |
||
Delhi |
525.2 |
350.3 |
|
Himachal Pradesh |
225 |
349.3 |
|
Jammu & Kashmir |
280 |
320.2 |
|
Guahati |
385.5 |
210.5 |
|
Sikkim |
22 |
30.7 |
3.4. Main cases at the end of 1977.-
Total number of main cases in High Courts at the end of 1977 was 4,97,172. Taking 650 main cases as the average disposal per judge per year, and taking 352 as the total number of judges1 during 1977, this number of cases would take 2 years, 2 months and 2 days for disposal, even if the full strength of judges is available. The statistics mentioned above point to the need for examining at some length the question of strength of the High Courts.
1. Department of Justice figures.
3.5. Sanctioned strength.-
The sanctioned strength1 of Judges during the year 1977 was 352, as against the sanctioned strength of 351 in the previous year. One post was kept in abeyance during the two years. Out of the sanctioned strength of 352 in 1977, only 287 Judges on an average were in position. The number of such judges during the year 1976 was 292. Out of the actual strength, seven judges on an average were entrusted with work outside their normal duties during the year 1977 and 14 judges during the year 1976. The effective strength for the purpose of court work in 1977 was 280 and in 1976 it was 278. The position as on 31st March, 1979 was as follows for the entire country:-
Strength of High Court Judges-Position as on 31st March, 1979
(All India)
| 1. | Sanctioned strength | (a) | Permanent | 292 |
| (31st March, 1979) | (b) | Additional | 79 |
|
| Total | 371 |
|||
| 2. | Actual strength | (a) | Permanent | 280 |
| (31st March, 1979) | (b) | Additional | 65 |
|
| Total | 345 |
|||
| 3. | Vacancies | (a) | Permanent | 12 |
| (31st March, 1979) | (b) | Additional | 14 |
|
| Total | 26 |
1. Department of Justice figures.
