Report No. 78

3.3. Strengthening the subordinate judiciary.-

We may first mention the recommendations made for strengthening the subordinate judiciary. These are:

(a) Long delays in filling up vacancies of judicial officers should be avoided.1

(b) Every recommendation of the High Court for increase in judicial strength should receive prompt consideration from the State Government and in the absence of some compelling reasons, should not be turned down.2

(c) To clear the heavy backlog, the services of retired judicial officers known for their integrity, efficiency and quick disposal should be utilised the appointment being made only on the recommendation of the High Court .3

(d) In addition, some special recruitment may have to be made from bright young members of the Bar who have practised for at least seven years, for the disposal of old cases. They should be given a higher start and, on satisfactory performance, be ultimately absorbed in service as District and Sessions Judges or Additional District and Sessions Judges.4

(e) Some of the serving judicial officers can also be asked to deal exclusively with old cases.5

(f) The number of additional courts should be such as to make it possible that all arrears are cleared within a period of about three years.6

We may state that these recommendations do not require elaborate changes in legislation and it should be possible to implement them by suitable administrative measures.

1. 77th Report, para. 9.11.

2. 77th Report, para. 9.12.

3. 77th Report, paras. 9.13 to 19.15.

4. 77th Report, para. 9.16.

5. 77th Report, para. 9.17.

6. 77th Report, para. 9.18.