The Chief Justice of the Allahabad High Court recused himself from hearing a Public Interest Litigation (PIL) concerning 81 vacant judgeships and a backlog exceeding 11.55 lakh cases. The PIL was filed by petitioner-senior advocate Satish Trivedi, through advocates Shashwat Anand, Syed Ahmed Faizan, and Saumitra Anand and was settled by senior advocate S.F.A. Naqvi, who appeared to argue for Trivedi.
The petition argues that the delay in judicial appointments violates fundamental constitutional principles and that the High Court has ample constitutional authority to safeguard its institutional strength. It urges that at least 81 or more names be recommended immediately to ensure that the vacancies are filled without further delay.
According to the PIL, the Allahabad High Court is currently functioning with only 79 judges against a sanctioned strength of 160, resulting in each judge handling over 14,600 pending cases. The petition states that this severe shortfall is severely hampering judicial proceedings and causing undue delays in justice delivery.
Filed under Article 226 of the Constitution, the PIL seeks strict judicial directives to expedite the appointment process and ensure that the High Court functions at full strength. It asserts that the court must exercise its authority to issue necessary directives to prevent further deterioration of the justice system.
The petition also references a response by the Union Minister for Law and Justice in Parliament, where it was acknowledged that High Courts have failed to adhere to the prescribed timelines for judicial appointments. In response to Unstarred Question No. 413 in the Lok Sabha on February 3, 2023, the minister revealed that as of February 2023, only 96 judges were in place against a sanctioned strength of 160, with 64 vacancies remaining unfilled.
Furthermore, the PIL highlights the Supreme Court’s repeated concerns regarding judicial vacancies in the Allahabad High Court and notes that despite these warnings, the appointment process remains stalled, leading to a near-breakdown of judicial administration.
The petition also demands a comprehensive report from the Union Government, State Government, and High Court administration on pending judicial appointments, recommendations, and steps taken to address the crisis. Additionally, it calls for the creation of a real-time public database to track judicial vacancies, recommendations, and appointments, ensuring greater transparency and accountability.
The Allahabad High Court, serving over 24 crore people, is one of the busiest constitutional courts in the country. The PIL warns that without immediate action, the backlog will continue to rise, rendering justice inaccessible to the public.
Following the Chief Justice’s recusal from the case, all eyes are now on the High Court to see which bench will be constituted to hear this crucial matter and what steps the judiciary will take to safeguard its institutional strength.
