20 judges per 10 lakh population is alarmingly low: CJI Ramana

He pointed out that decisions of the courts were not implemented by the government for years, which resulted in contempt petitions, which is a new category of burden

Chief Justice of India N V Ramana on Saturday placed the blame on non-performing executives, ambiguities in laws and an alarmingly low judge-population ratio of 20 judges per 10 lakh people for the rising caseload of the judiciary.

Speaking at inauguration ceremony of the Chief Ministers and Chief Justices conference here, he emphasised at harmonious and coordinated functioning among the three organs of the state, saying "while discharging our duties, we must all be mindful of the Lakshman Rekha. The judiciary would never come in the way of governance, if it is in accordance with law."

Ramana maintained that policymaking was not the courts' domain but if a citizen moved the courts, they could not say no. "Please be generous in creating more posts and filling the same so that our judge-to-population ratio is comparable to advanced democracies," he said. "As per sanctioned strength, we have just around 20 judges per 10 lakh population, which is alarmingly low."

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He pointed at the "severe gap" in existing infrastructure and the projected justice needs of the people.

Prime Minister Narendra Modi, chief ministers, law minister Kiren Rijiju, Minister of State S P Baghel, Supreme Court judges and high court chief justices were present on the occasion.

On vacancies, the chief justice said that out of the 1,104 sanctioned posts for high court judges, there were 388 vacancies and out of 180 recommendations, 126 appointments had been made for various high courts.

He said that 50 proposals were still awaiting Central approval and that the high courts had sent around 100 names to the Centre who were yet to reach the top court.

"When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811," he said. "Now, it is 24,112, which is an increase of 16% in six years. On the other hand, in the corresponding period, pendency in district courts has gone up from 2.65 crore to 4.11 crore, which is an increase of 54.64 per cent. This data shows how inadequate the increase in the sanctioned strength is."

In his speech, the CJI rued that the decisions of the courts were not implemented by the government for years, which resulted in contempt petitions, which is again a new category of burden. He said that the deliberate inaction from governments, despite judicial pronouncements, was not good for the health of democracy.

“Please remember, it is only the judicial process that is adversarial, not the judges or their judgements," he said. "We are merely discharging our constitutionally assigned role. Judgements are meant for delivering justice and should be seen as such."

Referring to the factors behind the explosion of the docket, Ramana said, "If a tehsildar acts upon a grievance of a farmer regarding a land survey or a ration card, the farmer would not think of approaching the court. If a municipal authority or a gram panchayat discharges its duties properly, the citizens need not look to courts."

He further said that if the revenue authorities acquired land through the due process of law, the courts would not be burdened by land disputes. These cases accounted for 66 per cent of the pendency. Ramana said that if police investigations were fair, if illegal arrests and custodial torture came to an end, then no victim would have to approach the courts.

He said it was beyond his understanding as to why intradepartmental and interdepartmental disputes of the government or fights between PSUs and the government ended up in courts.

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