Shortage of judges must be addressed

Courts play a very important role in a democracy. The system run by elected governments may deny justice to a citizen for many reasons. Even benefits that should be given fairly can be delayed due to minor technical issues. Justice may also be denied due to political revenge or for standing against corruption. Similarly, people may face serious human rights violations at police stations. They may be framed in false cases. They may also be subjected to illegal actions or abuse by those who hold power, wealth, and influence. In all such situations, the judiciary in India remains a system that citizens can approach with trust to protect their constitutional rights.

Many weaknesses of democracy are often corrected through court judgments. Courts are one of the few institutions where politicians cannot interfere in daily functioning, and this has helped them earn public trust. Despite some exceptions, most judges in Indian courts are committed to ensuring justice and act with honesty. In this context, if vacancies of judges are not filled, the biggest burden will fall on ordinary people who approach courts to resolve their issues. Across the country, more than 5 crore cases are pending in various courts, including the Supreme Court. Recent reports say that over 5,000 judge positions remain vacant.

306 judge posts are vacant in High Courts alone. In the Kerala High Court, which requires 47 judges, there is a shortage of 7 judges. Supreme Court Chief Justice Surya Kant had pointed out in a letter to the Chief Justices of 25 High Courts that any delay in appointing High Court judges will also affect appointments to the higher judiciary. Even when the collegium recommends names, there are often delays in getting approval from the government. The Kerala High Court has 35 permanent judge posts and 12 additional judge posts. The recommendation made by the Supreme Court collegium to appoint advocate Sreeja Vijayalakshmi as a High Court judge is still under consideration by the central government.

The collegium first recommended her appointment in December 2023. Although the central government returned the recommendation, it was repeated by the collegium in April 2024. Sources indicate that a decision is still pending. Similarly, recommendations to appoint senior Supreme Court lawyer Liz Mathew and Kerala High Court lawyer A K Preetha as judges have also been delayed. The shortage of judges continues due to various reasons, including political considerations and financial constraints. The reluctance of well-established lawyers to become judges could, over time, affect the quality of the judiciary, and therefore, long-term plans need to be developed to prevent this.