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'More judges are needed'

By Our Legal Correspondent

NEW DELHI June 22. Concerned with more than 2.35 crore pending cases in courts, the Centre has taken up with the States the question of increasing the strength of judges by five times per million population as per the directions of the Supreme Court.

The Centre has asked the States to come forward with their proposals so that it can consider sharing the expenditure under the Centrally-sponsored scheme.

At present there are 10.5 judges per million population, which is insufficient to tackle the task of disposal of mounting arrears in the subordinate courts and about 35 lakh cases in the High Courts.

The problem of arrears has been further compounded in view of the existing vacancies of 1,874 judges in subordinate courts out of about 12,780 posts.

These vacancies are sought to be filled during this year and in any case by March 31, 2003, as per the directions of the apex court issued to the Chief Justices of High Courts and State Governments.

The Law Commission has indicated that for every one million population, there are 50.9 judges in the United Kingdom, 41.6 in Australia, 107 in the U.S. and 75.2 in Canada.

It has therefore recommended that in India the strength be increased at least by five times, viz. 50 judges per million population.

The Supreme Court, in the All India Judges Association cases, has expressed the view that the Centre should consider the recommendations of the Law Commission and that there should be a 10 per cent increase in the judges' strength every year for the next five years.

The court had asked the Centre to impress upon the States the need for increasing the strength to wipe out the arrears.

The apex court has suggested that in the next three years about 3,800 posts of judicial officers have to be created.

An investment of Rs. 127 crores a year would be required for the creation of courts and provision of infrastructure facilities.

The Centre has therefore asked the States to give top priority to this and submit their proposals so that the Centre and the State Governments could share the cost.

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