New Delhi, May 10 – A public interest litigation (PIL) has been filed in the Delhi High Court drawing attention to the acute shortage of judges and seeking immediate action to fill existing vacancies by elevating eligible district judges and advocates from the bar.
The petition, filed by advocate Amit Sahni, is expected to be heard next week by a bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela.
40% Vacancy Rate Hampers Justice Delivery
As per the plea, the Delhi High Court has a sanctioned strength of 60 judges—45 permanent and 15 additional. However, it is currently functioning with only 36 judges, amounting to a 40% vacancy rate.Sahni highlighted that this "alarming and chronic shortage" of judges is significantly affecting the court's ability to deliver timely justice. The situation, he argued, has worsened due to recent retirements, inter-court transfers, and a lack of prompt appointments in accordance with the Memorandum of Procedure (MoP), which mandates early initiation of appointments before vacancies arise.
Transfers and Retirements Worsen the Crisis
The petitioner noted that recent transfers of Justices Yashwant Varma, C D Singh, and Dinesh Kumar Sharma to other high courts, along with several retirements, have contributed to the present shortfall. Two more judges are slated to retire in the coming months, which would bring the effective strength down to 34.Such a reduction, the plea argues, will further escalate pendency of cases and strain the existing judiciary.
Plea for Swift Appointments to Protect Citizens’ Rights
Sahni has requested the court to direct the relevant authorities to expedite the appointment process, including the elevation of district judges and advocates from the bar. The petition emphasizes that judicial delays particularly harm economically weaker and marginalized sections who cannot afford prolonged legal proceedings.“The excessive workload on sitting judges and delay in handling critical matters such as writ petitions, bail applications, appeals, and commercial disputes directly impacts citizens' rights and erodes public trust in the judiciary,” the petition states.
Judicial Vacancies a Matter of Fundamental Rights
The petition further asserts that judicial vacancies should not be seen merely as an administrative lapse but as a constitutional issue tied to citizens' fundamental rights and the credibility of the judicial system.With over one-third of its bench empty, the Delhi High Court faces a daunting challenge in delivering timely justice, and the PIL seeks immediate judicial intervention to remedy the situation.
