Delhi HC disposes PIL on judge shortage, cites ongoing judicial measure

India Gazette

14-05-2025

New Delhi [India], May 14 (ANI): The Delhi High Court on Wednesday disposed of a public interest litigation (PIL) concerning the shortage of judges, stating that the issue impacts all stakeholders in the judicial system.
The court recognised that the judiciary is already aware of the problem and that administrative measures may be taken to resolve it.
During the proceedings, the Additional Solicitor General (ASG) informed the court that the Supreme Court is actively monitoring the matter.
The court further observed that the issue is already under the Supreme Court's judicial consideration and permitted the petitioner to approach the apex court to seek inclusion as a party in the proceedings.
The bench, comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, granted the petitioner permission to withdraw the writ petition and take his case to the Supreme Court. Consequently, the High Court determined that no additional adjudication was necessary and disposed of the petition.
During the hearing, the bench posed a pointed question: 'Do you think the Union of India and the Delhi High Court are not aware of the situation? Are they not cognizant of the problem?'
The plea was filed by practising lawyer Amit Sahni, who highlighted that although the sanctioned strength of the Delhi High Court is 60 judges, comprising 45 permanent and 15 additional positions, it is currently operating with only 36 judges, resulting in a significant 40 per cent vacancy.
This shortfall is attributed to retirements, inter-court transfers, and delays in judicial appointments, despite constitutional mandates and the Memorandum of Procedure (MoP), which requires that appointments be initiated well before vacancies arise.
The plea stated that several judges, including Justice Rekha Palli and Justice Anoop Kumar Mendiratta, have recently retired, while Justice Yashwant Varma, Justice CD Singh, and Justice Dinesh Kumar Sharma have been transferred to other High Courts.
Additionally, two more retirements are expected in the coming months, further reducing the number of sitting judges to 34. This decline is likely to worsen case backlogs and judicial delays.
The ongoing judicial shortage has resulted in an overwhelming accumulation of pending cases, excessive workloads for existing judges, and delays in resolving crucial legal matters, including writ petitions, bail applications, appeals, and commercial disputes. This situation significantly affects citizens' rights and undermines public confidence in the judiciary.
The plea emphasised that judicial vacancies disproportionately impact economically weaker and marginalised communities, who often face prolonged litigation and limited access to alternative dispute resolution mechanisms.
The plea claimed that judicial vacancies pose a serious threat to fundamental rights, institutional integrity, and public trust in the judicial system. Given the Delhi High Court's national and constitutional significance, addressing these vacancies must be treated as an urgent priority. (ANI)