Filed in March, the PIL emphasizes that the Allahabad High Court is facing a severe judicial crisis. The petitioner, Senior Advocate Satish Trivedi, filed the plea through Advocates Shashwat Anand and Syed Ahmad Faizan. The plea urges the establishment of binding guidelines for judicial appointments with strict timelines, as per the Memorandum of Procedure (MoP).
Highlighting the gravity of the issue, the plea points out:
“With a population of 24 crore and over 11 lakh pending cases, there is only one judge for every 30 lakh people, and each judge is managing over 14,000 cases.”
It warns that the court is functioning at less than 50% of its sanctioned strength, which has led to a massive backlog and has pushed the court into a “state of functional paralysis.”
“The lack of judges has disabled the judiciary, turning the promise of justice into a distant dream. The petition aims not to assign blame, but to restore the High Court’s functionality.”
Even if the court operates at full sanctioned strength—160 judges—there would still be one judge for every 15 lakh people, with each handling about 7,220 cases, the plea notes.
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“Each vacancy is a courtroom that remains non-functional. Every unfilled seat is a denial of justice to countless litigants.”
The plea stresses that vacancies not only delay justice for litigants but also overburden the existing judges.
“If the judiciary remains crippled, the basic structure of the Constitution—judicial independence, rule of law, separation of powers—faces real risk of collapse.”
The plea proposes urgent measures to address the crisis:
- Recommend at least 20 candidates for elevation six months before any vacancy arises.
- Ensure immediate appointment upon retirement to keep court strength constant.
- Use Article 224A to appoint retired judges temporarily and clear backlogs.
- Conduct regular reviews of judge strength to align with population growth and case load.
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The PIL comes soon after the Supreme Court raised similar concerns. A bench of Justices J.B. Pardiwala and R. Mahadevan observed that the Allahabad High Court is operating with only 87 judges against its sanctioned strength of 160.
“The only way forward is to urgently fill vacancies with suitable candidates based on merit and ability.”
The Supreme Court directed that its order be treated as a representation to the Chief Justice of the High Court, urging appropriate administrative action.
