The Study On Man Power And Financial Planning Selection And Appointment Of Judges In India
Author: LawSphereX
Category: Banking & Finance
Published:
Updated:
THE STUDY ON MAN POWER AND FINANCIAL PLANNING
SELECTION AND APPOINTMENT OF JUDGES IN INDIA Metha K.M., Dr. Ambedkar Law University (School of Excellence in Law), Chennai
ABSTRACT
Manpower and financial management are crucial components in the selection and appointment of judges in India, directly influencing the judiciary's efficiency and independence. This process requires careful planning to address the growing backlog of cases, ensure adequate judicial manpower, and maintain a fair and transparent appointment system. Equally important is the optimal allocation and utilization of financial resources to support judicial infrastructure and administrative operations. This paper delves into the challenges posed by delays, inadequate resource allocation, and procedural inefficiencies in judicial appointments. It also highlights the role of modern technology, transparent processes, and effective budgeting in improving the system.
By adopting a holistic approach that balances judicial independence with accountability and resource efficiency, the Indian judiciary can ensure the delivery of timely and fair justice while upholding its democratic principles. The paper highlights the need for reforms to address systemic issues while preserving the judiciary's independence. By adopting a balanced approach that prioritizes transparency, efficiency, and accountability, India can enhance the effectiveness of its judicial appointment process. The findings suggest that a well-managed framework for manpower and financial resources is crucial for building a robust judiciary capable of upholding democratic values and ensuring justice for all.
1 INTRODUCTION
The Constitution of India is the supreme law of the land, for the selection, appointment and transfer of judges and their financial management are governed by the constitution itself. It gave an provisions regarding the how to select the judges, their qualification, age limit, on before who they has to take oath, appointment of chief justice of India, chief justice of the High Court, their salary, allowances, transfer, and removal of judges etc. Even though there are lots confusion arises and clarified by the judiciary itself by their judicial pronouncement. In all these the finance plays a crucial role and the management hits hard for the development of the judiciary in India. Finance is the basic need for everyone to run their day-to-day life in a peaceful and proper manner.
Even though people are earning and spending it in a different way and for different purpose, but it requires a proper planning mechanism to allocate the funds and save it for the future purpose. The same is applied in every house and in every filed it includes the judiciary also. No organization and institution can able to perform their duty with the lack of resources. ‘No matter how capable our judges, they cannot be effective unless adequate resources are provided,’ noted Michael L. Bender, Chief Justice, Colorado Supreme Court, United States of America, in his address on the State of the Judiciary to a Joint Session of the General Assembly in 2011. 1 The adequate resources are provided only by allocation of the funds which needs proper planning. The National Commission to Review the Working of the Constitution.
2001 report; In the last 50 years, there has been no proper allocation of funds commensurate with the corresponding increase in population, legal awareness, increase in legislation. There is no being a periodic Five Year or an annual Plan for the Judiciary, the absence of such plans has compounded the problem. The result is that there is, in terms of international Covenants and resolutions set out in Chapter II, a clear violation of the basic structure of the Constitution and of the basic human rights resulting in an excessive overload of cases. 2 The budget and resource planning helps to improve the speedy trail and even more
1 https://www.dakshindia.org/Daksh_Justice_in_India/32_chapter_05.xhtml
:~:text=228%20Over%2093%20per%20cent,1.05%20per%20cent)%2C%20etc 2 1. Michael L. Bender. 2011. ‘State of the Judiciary 2011’, Colorado Supreme Court, 14 January, available online at https://www.courts.state.co.us/Courts/Supreme Court/State_of_Judiciary_2011.cfm (accessed on 27 September 2024). efficiency in the justice system. “JUSTICE DELAYED IS JUSTICE DENIED’’ this concept is most familiar in India, and most of the time it is happens in India because of not only legal framework but the lack of funding also plays a vital role in it. In this chapter we are going to discuss about the how the man power and the finance is managed in the judiciary that leads to justice in India.
1.2 HIERARCHY OF COURT SYSTEM IN INDIA
2. MANPOWER PLANNING IN INDIAN JUDICIARY:
In present days the cases coming to the courts are increased but while the disposing of the cases is lesser in numbers because of the lacuna that is the lack of manpower (the judges) to dispose the cases are less and speedy justice is not rendered. To sort out these problems the number of courts were increased, meanwhile the number of the judges are also increased by the recommendation of the Law commission reports. While in the Man Power planning many law commission reports plays a vital role in increasing the strength of the 2. National Commission to Review the Working of the Constitution. 2001. A Consultation Paper on Financial Autonomy of the Indian Judiciary. New Delhi: Government of India. Available online at http://lawmin. nic. in/ncrwc/finalreport/v2b2-1. htm (accessed on 27 September 2024) judicial officers especially the 120th Law Commission Report in 1987 headed by Mr.
Justice D. Desai the report titled was Manpower Planning in Judiciary: A blueprint was submitted in 19873. The report recommended increasing the number of judges in India from 10. 5 per million people to 50 per million people over a period of time.
2.1. MAN POWER PLANNING IN SELECTION AND APPOINMENT OF
SUPREME COURT JUDGES:
2.2 COMPOSITION
Article 124: Establishment and constitution of supreme court:4 The supreme court is established under this article consisting of CJI and other SC judges. Now the sanctioned strength of the SC is 34 includes one CJI and 33 other SC judges, but now the functioning judges are 32, because of With Justice Hima Kohli’s retirement, the number fell from 34 to 33. There were no new recommendations or appointments made in the Supreme Court. The parliament has the power to increase or decrease the number of judges through the legislation5. The Act that governs the number of judges in the SC is The Supreme Court (Number of Judges) Act ,1956.
This act has been amended multiple times to increase the number of judges in the Supreme Court of India: ● 1956: The number of judges increased from 8 to 11 ● 1960: The number of judges increased to 14 ● 1978: The number of judges increased to 18 ● 1986: The number of judges increased to 26, excluding the Chief
3 https://doj.gov.in/judicial-manpower/
4 The Constitution of India [Lawmann’s New Delhi India Bar Act]
5 https://www.scconline.com/blog/post/2024/10/06/judicial-appointment-tracker-september-2024recommendations-transfer-judges-scc-times-legal-news/ Justice of India ● 2009: The number of judges increased to 30 ● 2019: The number of judges increased to 33, excluding the Chief Justice of India. The Supreme Court (Number of Judges) Amendment Bill, 2019 was introduced in the Lok Sabha on August 5, 2019 by the Minister of Law and Justice, Mr. Ravi Shankar Prasad. The bill was passed, and the sanctioned strength of the Supreme Court's Judges was increased to 34 Judges.
2.3 QUALIFICATION
Article 124(3): To be eligible for appointment as a Supreme Court judge, a person must:
1. Be an Indian citizen of India
2. Have served as a High Court judge for at least five years
3. Have served as a High Court advocate for at least 10 years
4. Be considered a distinguished jurist by the President6
It is the possible to appoint an eminent non- practicing, academic lawyer to the supreme court, this provision has been inspired by the American example where distinguished law teachers have often been appointed to the SC and they have proved to the successful judges.7 The judges retire at the age of 65. They cannot be removed from office unless the President issues an order after both houses of Parliament passes an address supporting the removal.
6 M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
7 M P JAIN Indian Constitutional Law Sixth Edition. Justice Jasti Chelameswar. Lexis Nexis.
2.4 SELECTION AND APPOINTMENT OF SUPREME COURT JUDGES
Article 124(2): Every judge of the SC appointment by the President by warrant under his hand and seal.8 The process for selecting and appointing Supreme Court judges in India involves the following steps: ● Consultation: The President consults with the Chief Justice of India (CJI) and other Supreme Court and High Court judges as needed. The CJI is the only person who can initiate the process of appointing Supreme Court judges. ● Proposal: The Union Minister of Law, Justice, and Company Affairs presents a proposal to the Prime Minister after getting the CJI's views. ● Advice: The Prime Minister advises the President on who should be appointed. ● Appointment: The President appoints the judge by warrant under his or her seal. ● Notification: The Secretary to the Government of India in the Department of Justice informs the CJI and issues a notification in the Gazette of India.
2.5 COLLEGIUM SYSTEM
The collegium is a system in a SC for the selection, appointment and transfer of judges of the SC and the HC. The system was evolved in 1993 by various SC judgements and not by the constitutional provision. The SC have its own system and each HC in India have its own collegium system. The collegium system is made up of the Chief Justice of India (CJI) and four senior Supreme Court judges. The government can object to the collegium's choices, but if the collegium reiterates the names, the government must appoint them. There is no provision in the constitution for the collegium system. The Chief Justice forms an opinion after consulting with a collegium of four senior most judges. The collegium recommends a list of names to the President, who then makes the final appointment. The collegium system has been in place since before the NJAC was proposed.
Before 1973, the President appointed the Chief Justice of India and other Supreme Court judges in
8 The Constitution of India [Lawmann’s New Delhi India Bar Act]
consultation with the CJI and other judges. The Memorandum of Procedure (MOP) is an agreement between the government and the judiciary that outlines the process for the Collegium to make recommendations to the executive. In the 99th constitutional amendment the Central government framed a National Judicial Appointments Commission (NJAC) and the NJAC Act in 2014. 9 The SC quashed the NJAC Act and the amendment along with the NJAC so forward and held that primacy of judiciary extends to not only rejection of unworthy candidates, but also to ensure appointments of worthy candidate and thus. NJAC scheme which vide Article 124-A(1)(d) r/w section 5(2) second proviso & section 6(6) of NJAC Act, 2014 provide veto to two members or Law minister or a “eminent person” is struckdown as being violative of basic structure of the constitution.
10 It has also been held that under Article 124,217 and 222, the “aid and advice” (“consultation”) tendered by the CJI is mandatory in nature and entitled to primacy. 11 So NJAC and the NJAC Act was struckdown in the year 2015, because it violates the basic structure of the Constitution and the separation of the power between the Executive and the Judiciary. The recent recommendation made by the SC collegiums to the elevation of the Delhi HC, CJ Manmohan to the judge of the SC on 28/11/2024. 12
2.6. CASES
ANALYSIS:
1. Malik Mazhar Sultan vs U.P. Public Service Commission13
The process for recruiting judges in subordinate courts begins on March 31 and ends on October 31 of each year. States and High Courts can adjust the time schedule if there are difficulties due to local conditions. A status report must be submitted to the Supreme Court by January 31 of each year. The court also directed that all vacancies for Civil Judge (Junior Division) be notified by January
9 M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
10 M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
11 M P JAIN Indian Constitutional Law Sixth Edition. Justice Jasti Chelameswar. Lexis Nexis.
12 https://indianexpress.com/article/india/sc-collegium-delhi-high-court-chief-justice-manmohan-9695621/
13 IA No. 53466 of 2022 in Civil Appeal No. 1867 of 2006 https://indiankanoon.org/doc/164024530/
15 of each year. The court also requested that a committee of 2–3 judges be formed to monitor
the selection process.
2. Imtiyaz Ahmed V. State of Uttar Pradesh14
The SC asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the backlog of cases. Pursuant to this Law Commission submitted its 245th Report titled “Arrears and Backlog: Creating Additional Judicial (wo) manpower” in 2014. In this report, the Law Commission has, interalia, observed that filing of cases per capita varies substantially across geographic units as filings are associated with economic and social conditions of the population. The Law Commission did not consider the judge population ratio to be a scientific criterion for determining the adequacy of the judge strength in the country.
The Law Commission found that in the absence of complete and scientific approach to data collection across various High Courts in the country, the “Rate of Disposal” method to calculate the number of additional judges required to clear the backlog of case as well as to ensure that new backlog is not created, is more pragmatic and useful. The Law Commission has also observed that a systemic perspective, encompassing all levels of the judicial hierarchy is needed for meaningful judicial reforms. Taking measures for the timely disposal of cases at all levels of the judicial system, encouraging Alternative Dispute Resolution Methods, where appropriate and more efficient allocations and utilization of resources are required to fulfil the goal of providing timely justice to litigants.
The Law Commission has strongly recommended that the High Court be directed to evolve uniform data collection and data management methods in order to ensure transparency and to facilitate databased policy prescriptions for the judicial system.
3. Brij Mohan Lal V. Union of India15
In the above case the writ petition of Quo Warranto and Prohibition was filed under Article 226 of the constitution of India seeking against the appointment of retired District and session judge as ad hoc judges of the Fast track court in the state judicial service many
14 AIR 2012 SC 642, 2012 (2) SCC 688, https://indiankanoon.org/doc/44403361/
15 AIR 2002 SC 2096, https://www.casemine.com/judgement/in/56b48d5c607dba348fff2901
cases were filed regarding this matter in many HC then the case is transferred to the SC of India. The SC held it does not violate the provisions of Article 233(2) and Article 309 of the constitution of India instead it complies those provisions and point out the criteria for the appointment and criteria for who are not- eligible retired District and Session judges in the post of judges in the FTC. Regarding the minimum to maximum age and their physical fitness to work in the FTC are to be concerned by the HC. The SC also issued a direction to increase the vacancies in the subordinate courts as 10%. The similar view was also observed in the case of P. Ramachandra Rao v. State of Karnataka also the supreme court recommended the increasing the vacancies in the subordinate judiciary.
4. SP Gupta V. UOI, 198216
This case is also known as the first judge case. Supreme Court judgment that established several key principles regarding judicial appointments. The court interpreted the word consultation. They ruled that “consultation” does not mean “concurrence” to the CJI in Article 124 and the president that is the executive does not have to bound to take the decisions based on the SC. Here the power of the executive is higher that the power of the judiciary.This judgement was reversed in the second judge case in 1993 [SC Advocates on record association] the court ruled the word consultation to concurrence. So, the President is must consult with the CJI to make the decision regarding selection and appointment of judges. Based on this the collegium system was evolved in 1993.
5. Re Presidential Reference Case,199817
This case is called third judge case. This case is the opinion of the judge to the response to the President of India K.R. Narayanan. The Chief Justice of India (CJI) should consult with a collegium of four senior-most judges of the Supreme CourtEven if two judges are against the opinion, the CJI will not recommend it to the government,The senior most judge of the Supreme Court should be made as CJI. The Third Judges Case reaffirmed the
1993 decision with minor modifications. The case modified the collegium system, which is
16 AIR 1982 SC 149 https://doj.gov.in/judicial-manpower/
17 AIR 1982 SC 149, https://indiankanoon.org/doc/543658/
a judicial appointment system where the Collegium recommends the names of candidates to the Central Government.
3 MAN POWER IN SELECTION AND APPOINTMENT OF HIGH COURT JUDGES
3.1.COMPOSITION: In India there are 25 High Courts. The sanctioned strength of the HC is not permanent, it differs. Each HC consists of CJ and other judges. As of 2024, the sanctioned strength of judges in the High Courts of India is 1,114, with 841 permanent judges and 273 additional judges18. However, as of April 2024, there were 327 vacancies across the High Courts, including 161 permanent posts and 166 temporary posts. The number of judges in the High Courts has increased from 906 in 2014 to 1,104 in
2022. The Chief Justice of a High Court is responsible for initiating the process to fill
vacancies by proposing appointments six months before the vacancy occurs. The Ministry of Law and Justice maintains the lists of judges for the High Courts. As of 2024 Dec the vacancy arises nearly 32%.
3.2 QUALIFICATION
Article 217(2).19 To become a High Court Judge in India, a person must meet the following qualifications: ● Be a citizen of India. ● Have at least 10 years of experience as an advocate of a High Court of India. ● Have at least 10 years of experience as a judicial officer in India. ● Have a degree in law either 3years or 5 years course.
18 1114 judges increased in hc
19 The Constitution of India [Lawmann’s New Delhi India Bar Act]
● Be enrolled under the Bar Council of India. ● Qualify for the Judicial Services Exam for their respective state. ● The Judicial Services Exam has three phases: prelims, mains, and interview rounds. Candidates must qualify for each round to move ahead. ● The President appoints High Court Judges after consultation with the Chief Justice of India and the Governor of the state concerned. ● A High Court Judge holds office until they attain the age of 62 years.
3.3 SELECTION AND APPOINTMENT
President consults with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court in the case of appointing a judge other than the Chief Justice. The Chief Justice of India must consult with two of his most senior colleagues on the Bench before forwarding his recommendations. The Chief Justice must communicate his views on the people to be selected for appointment to the Chief Minister of the State at least six months before the vacancy. Appointments to the High Court should be made in a timely manner, ideally a month before the vacancy. The High Court Collegium deliberates on a panel of names and recommends the most suitable candidates for appointment. The Chief Justice of the High Court is responsible for proposing to fill vacancies in the court, and they are required to do so at least six months before the vacancy occurs.
However, High Courts often do not adhere to this timeline. In October 2024, the Supreme Court Collegium recommended 21 High Court appointments. In September 2024, the Collegium recommended 15 HC appointments and two transfer. 20 20 https://www. scconline. com/blog/post/2024/10/06/judicial-appointment-tracker-september-2024recommendations-transfer-judges-scc-times-legal-news/#:~:text=And%202%20Transfers- In September, the Supreme Court took strict note over delay by the Ministry of Law and Justice in confirming the Collegium recommendations regarding appointment of Judges especially Chief Justices for several High Courts. The 3-Judge Bench of Dr DY Chandrachud, CJI, JB Pardiwala and Manoj Misra JJ. , on 20-9-2024, directed the Attorney General for India to provide a chart of candidates whose names have been reiterated by the Supreme Court Collegium for appointment as Judges.
The Court further directed the AGI to provide the reasons for not clearing these appointments. The Court was hearing a PIL seeking directions for the Union Government to clear the Collegium recommendations. 21
3.4 CONSTITUTIONAL PROVISIONS
Article 216: Constitution of H. C. 22 Under the article 214 the HC is established for each state, it consists of chief justice of the HC and other judges. Article 217: Appointment and conditions of the office of a judge of a HC. 23 Every judge of a HC shall be appointed by the President by warrant under his hand and seal. Article 230: Extension of jurisdiction of HC to Union Territories. 24 The parliament can extend or reduce or abolish the jurisdiction of the HC from any Union territory through law. Example: The Madras HC have its jurisdiction over TN(State) and Pondicherry (UT). Article 231: Establishment of common HC for two or more states. 25 Example: The Gauhati High Court has the largest jurisdiction of any High Court in India in terms of area.
The Gauhati High Court's jurisdiction extends to the states of Assam, ,September%202024%20Judicial%20Appointment%20Tracker%20%7C%2024%20Collegium%20Recommend ations;%2015%20HC,by%20the%20Supreme%20Court%20Collegium 21 https://www. scconline. com/blog/post/2024/10/06/judicial-appointment-tracker-september-2024recommendations-transfer- judges-scc-times-legal-news/
22 The Constitution of India [Lawmann’s New Delhi India Bar Act]
23 The Constitution of India [Lawmann’s New Delhi India Bar Act]
24 The Constitution of India [Lawmann’s New Delhi India Bar Act]
25 The Constitution of India [Lawmann’s New Delhi India Bar Act]
Arunachal Pradesh, Mizoram, and Nagaland. The High Court of Mumbai also has jurisdiction over more than two states, including Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu.
3.5 RECENT COLLEGIUMRECOMMENDATION
1) Collegium recommends appointment of Madras HC Justice D
Krishnakumar as Manipur HC CJ. The sanctioned strength of Manipur HC is 16 but the functional judges is 5 including CJ of Manipur HC. The sanctioned strength of the Madras HC is 75 with 56 permanent and 19 additional judges. Now the functional judges of the Madras HC are 66 with 55 permanent judges includes CJ and 11 additional judges.
2) Collegium recommends appointment of 3 lawyers as Andhra Pradesh HC
Judges. The AP HC currently functioning with 26 judges as against a sanctioned strength of 37.
3) SC Collegium recommends appointment of three lawyers as Gujarat HC
Judges. The Gujarat HC which has a sanctioned strength of 52 is currently functioning with 29 judges, a vacancy position of 23.
4) Collegium recommends transfer of justice Chandra Dhari Singh from
Delhi HC to Allahabad HC. This court has the highest sanctioned strength (i.e.)160 judges than any other HC in India. In this120 judges are permanent and the remaining 40 are additional judges, out of this only 80 are functioning the remaining 80 is vacant. The Sikkim HC has the smallest sanctioned strength of three judges.
5) Collegium recommends appointment of additional judge Justice Siddaiah
Rachaiah of Karnataka HC to be made permanent. As on October 1, the Karnataka HC is functioning with 50 judges as against its sanctioned strength of 62, a vacancy position of 12.
6) SC collegium recommends appointment of nine lawyers as Bombay HC
judges. The Bombay HC is currently functioning with 66judges as against the sanctioned strength of 94. The vacancy is 28.
3.6.
CASE
ANALYSIS:
1) Subhesh Sharma v. UOI26
The SC has taken into consideration a matter of grate public significance, viz, the question of delay in filling up the vacancies in the sanctioned post of the judges in the SC and the HC, and fixing the strength of the judges in each HC.
2) SC Advocates-on-Record Association v. UOI27
If there is no correlation between the need and he sanctioned strength and the provisions of judge man power is totally inadequate, the necessary consequence has to be backlog and sluggish enforcement of the rule of law.
4. MAN POWER IN SELECTION AND APPOINTMENT OF JUDGES OF
SUBORDINATE COURTS: The Subordinate courts are functioning under the HC of their respective state. Each state has its own judicial appointment system to appoint a judge. India has 688 district courts. The National Judicial Data Grid (NJDG) is an online platform that provides information on cases, judgments, and orders from district and subordinate courts. The NJDG is updated in near real-time by the courts. Subordinate courts, also known as lower courts, are judicial courts that are under the authority of a state's high court. The structure and jurisdiction of subordinate courts vary by state, but they typically include civil, criminal, and revenue courts. The metropolitan courts are established in the metropolitan areas, these courts are equal to the district courts. o Civil courts: Hear cases involving property disputes, divorce, 26 1991 AIR 631 1990 SCR Supl. (2) 433 1991 SCC Supl.
, M P JAIN Indian Constituional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis. 27 JT 1993 (5) SC 479, M P JAIN Indian Constituional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis. landlord-tenant disputes, consumer problems, bankruptcy, and breach of contract. Civil cases do not involve punishment. o Criminal courts: Hear cases involving theft, dacoity, rape, pickpocketing, physical assault, and murder. If found guilty, the accused may be punished with a fine, imprisonment, or even death sentence. o Revenue courts: Hear cases involving land revenue on agricultural land in the district.
4.1 CONSTITUTIONAL PROVISIONS
Articles 233 to 23728 of the Indian Constitution are in Part VI, which deals with subordinate courts: Article 233: Deals with the appointment and posting of district judges, who are appointed by the state governor in consultation with the High Court Article 234: Deals with the recruitment of district judges Article 235: Gives the High Court control over district courts and subordinate courts Article 236: Defines the category of officers who are considered judicial officers, including district judges and civil judges Article 237: Allows one High Court to extend its jurisdiction over another state, either by agreement between the states or by order of the President of India.
4.2 STRENGTH OF THE SUBODINATE JUDICIARY
Having regard to the huge backlog of cases and the recommendations of the Law Commission in its 120 Report the Standing Committee of Parliament in its 85th Report and the observations of the Chief Justice of India. in 2002, the Supreme Court in All India Judges Association v. UOI29 felt that it was constitutionally obliged to ensure that the disposal of cases was 1ncreased because, an independent and efficient judicial system is one of the basic
28 The Constitution of India [Lawmann’s New Delhi India Bar Act]
29 M P JAIN Indian Constituional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
structures of our Constitution. If sufficient number of judges are (is) not appointed, justice would not be available to the people, thereby undermining the basic structure. It therefore directed the filling in of all vacancies within 1 year and the increase in the judge strength from the ratio of 13 judges per 10,00,000 people to 50 judges per 1,00,000 people within 5 years.30
4.3 QUALIFICATION
ARTICLE 233(1): To become a district judge or other judge in a subordinate court in India, you must meet the following qualifications:
1 Citizenship
You must be a citizen of India.
2 Education
You must have a law degree from a recognized university and be enrolled in the Bar Council of India.
3 Experience
You must have been an advocate or pleader for at least seven years.
4 Age
You must meet the age limit for the position, which varies by state. For example, in Tamil Nadu, the age limit is 25–35 years for general category candidates and 40 years for reserved category candidates.
5 Appointment
The Governor of the state appoints district judges in consultation with the High Court.31 These are the general qualification to become a judge in a subordinate court, it varies from state to state. Ex: The Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 governs the Tamil Nadu Judicial Service exam. The exam is conducted by the Tamil Nadu Public Service Commission (TNPSC) for the post of Civil Judge (Junior Division). The exam
30 M P JAIN Indian Constituional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
31 M P JAIN Indian Constituional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
process includes three stages: Prelims, Mains, and Interview. Here are some of the rules for the Tamil Nadu Judicial Service exam: Eligibility ● Candidates must be a practicing advocate, or a fresh law graduate, and meet the following criteria: ● Be between 25 and 35 years old, or between 22 and 27 years old for fresh law graduates. ● Have a Bachelor of Laws from a recognized university or institute. ● Be enrolled as an advocate.
4.4 VACANCIES
As per Nov 30, 2024 there are 5245 vacancies are in the subordinate courts. This is due to the result of not filling the periodic vacancies, delays in examinations process, and not maintaining the judge to population ratio. The recruitment process for subordinate court judges usually starts on March 31 and ends on October 31 of the same year. However, the Supreme Court can allow state governments and high courts to vary the schedule if needed.
4.5. RECOMMENDED METHODS FOR CALCULATING THE REQUIRED
NUMBER OF JUDGES FOR THE SUBORDINATE COURTS:
1. The Law Commission of India, 1987
-- Judge to population ratio
2. The Standing Committee on Home Affairs, 2002
And SC, 2001 report -- Judge to population ratio
3. The Law Commission of India, 2014
-- Rate of disposal
4. The National Court Management System
Committee, 2016 -- Weighted case load method
5. The National Court Management System -- Time based weighted case load
Committee, 2016 method [US]32 4.6.
CASE
ANALYSIS:
1. Gokaraju Rangaraju v. State of Andhra Pradesh33
In this case the SC held that, when the appointment of a district judge was declared invalid, because of the breach of the Article 233, then the decision given by him were not affected because of the de facto doctrine. The SC held the same decision in the case of State of Uttar Pradesh v. Rafiquddin[AIR 1988 SC 162]. This case deals about the appointment of the munsiff judge and the decision given by him.
2. Punjab & Haryana HC court v. Stata of Haryana R/W State of Assam v. Kuseswar
Saikia34 In the above case the SC deals about the Article 235 and the power of promotion of judge vest with the judiciary or executive after certain extent. The SC held that Article 235 would not apply when one reaches the stage of giving promotion as a district or additional district sessions judge, and the power to give promotion vest in the governor after consultation with the HC has been declared ultra vires the constitution, for the power of conformation vests is the sole right of the H
3. B.S. Yadav v. State of Haryana35
The SC has ruled that the power to make the law regulating conditions of service of the judicial officers of the state vests in the legislature under Article 309, and until it acts, the Governor can make rules for the purpose. The SC has suggested that the HC may be consulted while framing or amending the rules through it is not mandatory under Article 309.
32 https://lawcommissionofindia.nic.in/
33 AIR 1981 SC 1473, M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis. 34 AIR 1970 AC 1616, M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis.
35 AIR 1981 SC 561
1980 Supp. 524, M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti
Chelameswar. Lexis Nexis.
5 FINANCIAL MANAGEMENT IN INDIAN JUDICIARY
The finance which plays a crucial role in the judiciary. The planning and allocation of funds for the judiciary is contributory of both the center for the all the courts in India and state for the HC and their subordinate courts within their state jurisdiction. For several decades the finance was not allocated to judiciary either in five years plan or any other finance commission. The Budgeting Practices Initiative and the Technological Initiative, for example, streamline existing processes, ensure more efficient use of material resources, and introduce consistency and rigor to the overall process of resource allocate. We need an institutional mechanism to support the judiciary in its financial endeavours which are concerned not just with courts, but with the whole process of Justice –including legal aid and assistance.
36 In the judiciary the allocation fund is not only for the salary and allowances of the judges but it includes the infrastructure, court staff salary and allowances, facilities provided for the disposal of the cases etc. Let now discuss how the funds are allocated and how it is utilized in the judiciary.
5.1 SALARY OF THE JUDGES IN INDIA
The constitutional provision deals about the salary of the SC and HC judges is Article 125(1) and Article 221(1) respectively and then the 2nd schedule of the constitution which deals about the salary, allowances, privileges, emoluments of the SC and HC judges. But, then the 54th constitutional amendment gave power to the parliament to determine the salary payable to the SC and HC judges through the legislation. Article 125(2) and Article 221(2) these article limits the power of the parliament by way of however the salary, allowances, pension, leave etc. are varied but not to the disadvantage of the judge after his appointment. The 54th amendment, amended the part D of the 2nd schedule to enhance the salaries of the SC and HC judges. Now, all these matters are governed by the SC judge (Salaries and Condition of Service) Act,1958.
Before this Act the President has the power to fix the salary. It was amended in the year 2002 named as HC and SC Judges (Salaries and Condition of Service) Amendment Act, 2002. In the year 2018 the amendment was made to revised the pay, allowances, and pensions of all sitting and retired judges. The Department of Justice issued
36 Dr. Rajeev Dhawan in his article. ̳The Least Expensive branch‘ (Hindu, 20.11.1998)
instructions to all state governments, union territories, and the Registry of the Supreme Court to make the necessary changes. The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021 was introduced in the Lok Sabha on November 30, 2021. The bill amended the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. The bill clarified that retired judges and their families are entitled to an additional pension or family pension when they reach a certain age. The additional pension increases with age, from 20% to 100% of the pension or family pension. The bill also clarified that the increase in pension will be implemented from the first day of the month in which the judge reaches the specified age.
The salaries, pensions, and allowances of the Supreme Court judges are charged to the Consolidated Fund of India. The salaries and allowances of the High Court judges are charged to the Consolidated Fund of the States, and their pensions are charged to the Consolidated Fund of India. The salary of a subordinate court judge in India varies depending on their rank and the court they serve in. The salary of a judge increases with experience and designation. Some of the allowances given to judges in India are mentioned below. Dearness allowance ● Travel allowance and Vehicle maintenance ● House rent and maintenance allowance ● Pension facility after retirement ● Electricity, water and telephone bill ● Educational allowance for children
5.2 FINANCIAL PLANNING
The budget for the Indian judiciary is not prepared by the sole authority, it depends on the level of judiciary. For the SC the financial plan is done by the Register General of the SC. Then it is forwarded to the Law Minister of the Union Government then forwarded to the Ministry of Finance for budget. The allocation of funds to the Indian High Courts is a part of a complex process that involves several entities, including the High Court, the state government, and the union government: Budget preparation-The High Court prepares its budget, which is then forwarded to the state government and the union government's Law Ministry. The High Court also prepares budgets for lower courts in its jurisdiction. The central government and the state government share funds in a 60:40 ratio. The state government is required to match the central government's expenditure.
The lack of coordination between the various departments can delay the submission of utilization certificates (UCs), which can affect the release of funds. The National Court Management System plays a crucial role in the budget and planning system to identify the financial and other resources needed for the development of the judiciary.
5.3 ALLOCATION OF FUND TO THE JUDICIARY
o The Union budget of India includes the finance of the judiciary: o Law and Justice Ministry The 2022-23 Union budget allocated 0. 1% of its total budget to the Law and Justice Ministry. The budget allocation for the law and justice ministry in the Union Budget 2023 was Rs 4,752 crore. This allocation was broken down as follows: • Department of law and justice: Rs 3,975 crore • Election Commission: Rs 340 crore • Supreme Court of India: Rs 437 crore, which was later revised to Rs 517 crore. o The Interim Budget 2024 allocated Rs 6,461 crore to the law ministry, which was Rs 1,709 crore more than the previous year. The budget allotted is mostly spend on the manpower of the judiciary. o Infrastructure Facilities for Judiciary The government should ensure basic infrastructure need to the all the courts.
In 2021- 22, the budget for this scheme was Rs 858 crores, which was 21% of the ministry's total funds. The budget for the third phase of the e-courts project was Rs 7,000 crore. This was a significant increase from the first two phases, which had budgets of Rs 639. 411 crore and Rs 1,670 crore, respectively. o National Legal Services Authority (NALSA) The budget for NALSA, an autonomous body funded by the Centre, grew by 17% to Rs 170 crore. However, India's total public spending on the judiciary is less than 0. 4% of the combined gross budgetary expenditure of the Centre and States. The India Justice Report
2022 found that, except for Delhi and Chandigarh, no state or union territory spends more
than 1% of its total annual expenditure on the judiciary.
5.4 RECOMMENDATION
The 14th Finance Commission37 recommended that state governments use additional fiscal space to meet the judiciary's requirements. The Economic Survey 2017-18 highlighted the role of an efficient judiciary in facilitating economic growth. The National Judicial Pay Commission was established by the Government of India in 1996. In the year 2017, the Second National Judicial Pay Commission was established chaired by the former SC judge, justice P. Venkatarama Reddi. The objectives of the commission are as follows; ● Evaluating the pay structure of judicial officers ● Recommending relief for judicial officers
37 https://fincomindia.nic.in/commission-reports-fourteenth
● Establishing a permanent mechanism to review payment and service conditions ● Considering the current condition of judicial officers' services ● Making recommendations for post-retirement benefits The Supreme Court accepts the NJPC's recommendations after hearing any objections from the Central or State government.
6 SUGESSTION
The judiciary and the executive are functioning under the concept of separation of power, but while seeing the appointment of the judges the executive plays a vital role in it. The collegium system in the HC and the SC there present only judicial authorities, so it lacks its transparency. To promote the transparency in appointing a judge the commission like NJAC were required. There should be a speedy implementation process is required for the recommendation made by the collegium. The executive and the judiciary aretaking measures to increase the judge strength equal to the sanctioned strength in the HC, while the population is increased, the handling number cases also increased so the judiciary have to make better provisions for the execution of the committees and commissions recommendation.
Because the law commission 245th report was given and it got opinion of the State government and HC and this report was directed to the NCMS. But the suggestion made by this law commission came to be implemented only in the year 2023. The finance allocated to the judiciary is very less and the process of utilization of the fund must be in consultation with the hands of the judiciary and during the fund allocation the judiciary must involved.
7 CONCLUSION
The selection and appointment of judges in India is a cornerstone of the judiciary's independence and effectiveness. Effective manpower and financial management in this process ensures that the judiciary remains efficient, impartial, and responsive to the needs of justice. Adequate manpower planning addresses the increasing backlog of cases by ensuring a timely appointment of judges, while proper financial allocation and utilization support the infrastructure and administrative needs of the judiciary. While the Collegium system and judicial independence are vital, these must be balanced with transparency, accountability, and efficiency in resource allocation. The integration of modern tools such as technology-driven recruitment systems and financial audits can further enhance the process, making it more robust and equitable.
By addressing these aspects, India can strengthen its judicial framework, ensuring timely and fair justice for all while upholding the democratic principles enshrined in its Constitution.
8 REFERENCE
BIBILIOGRAPHY 1. M P JAIN Indian Constitutional Law Eighth Edition. Justice Jasti Chelameswar. Lexis Nexis. 2. M P JAIN Indian Constitutional Law Sixth Edition. Justice Jasti Chelameswar. Lexis Nexis. 3. The Constitution of India [Lawmann’s New Delhi India Bare Act] WEBLIOGRAPHY 1. https://doj. gov. in/judicial-manpower/ 2. https://www. scconline. com/blog/post/2024/10/06/judicial-appointment-tracker-september- 2024- recommendations-transfer-judges-scc-times-legal-news/ 3. https://indianexpress. com/article/india/sc-collegium-delhi-high-court-chief-justicemanmohan- 9695621/ 4. https://indiankanoon. org/doc/164024530/ 5. https://indiankanoon. org/doc/44403361/ 6. https://www. casemine. com/judgement/in/56b48d5c607dba348fff2901 7. https://www. scconline. com/blog/post/2024/10/06/judicial-appointment-tracker-september- 2024- recommendations-transfer-judges-scc-times-legal-news/ 8.
https://www. scconline. com/blog/post/2024/10/06/judicial-appointment-tracker-september- 2024-recommendations-transfer-judges-scc-times-legalnews/#:~:text=And%202%20Transfers- ,September%202024%20Judicial%20Appointment%20Tracker%20%7C%2024%20Collegiu m%20Recommendations;%2015%20HC,by%20the%20Supreme%20Court%20Collegium 9. https://lawcommissionofindia. nic. in/ 10. https://fincomindia. nic. in/commission-reports-fourteenth