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Report No. 77

9.12. High Court's recommendation as to strength of judicial officers to receive prompt attention.-

A common complaint which has been made is that there are not enough number of judicial officers. The increase in the strength of the judicial officers has not been commensurate with the increase in the number of pending cases. Complaint also is made that whenever the High Court makes a recommendation for increasing the strength of judicial officers in a district, the matter has to be referred to State Government which takes many months-or even sometimes more than a year-to give its decision on the recommendation.

The decision quite often is to turn down the recommendation of the High Court. Even when the recommendation is accepted, the lapse of time between the date of recommendation and its acceptance robs the original recommendation of its effectiveness as a result of further aggravation of the problem. We are of the view that a recommendation of the High Court for increasing the strength of judicial officers in a district should receive prompt consideration and not be lightly turned down.

It may perhaps be considered in the above context as to whether we should not have a convention that the recommendation of the High Court in this respect, in the absence of some compelling reason, be binding upon the State Government. It is presumed that the High Court would not lightly make a suggestion for increase in the strength of the judicial officers.



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