The Allahabad High Court has directed the counsels representing the Uttar Pradesh Government and the High Court administration to obtain clear instructions in response to a Public Interest Litigation (PIL) plea demanding the urgent and time-bound filling of judicial vacancies.
A division bench comprising Justice M.C. Tripathi and Justice Anil Kumar-X has listed the matter for further hearing on May 21, 2025.
The PIL was filed in March 2025 by Senior Advocate Satish Trivedi, who has over five decades of legal experience, including twenty-five years as a designated Senior Advocate in the High Court. Represented by Senior Advocate SFA Naqvi, along with Advocates Shashwat Anand and Syed Ahmad Faizan, the plea highlights the alarming judge shortage in the Allahabad High Court.
"The High Court is facing the gravest crisis in its history," the plea states, urging the court to frame binding judicial guidelines to streamline the appointment process and ensure strict adherence to the timelines prescribed under the Memorandum of Procedure (MoP).
According to the PIL, with over 1.15 crore pending cases in Uttar Pradesh and a population of 24 crore, there is only one judge for every 30 lakh people, each handling an average of 14,623 pending cases. The plea emphasizes that the High Court is operating at less than 50% of its sanctioned strength of 160 judges, creating a "state of functional paralysis."
"The sheer lack of judges has effectively disabled the judiciary, reducing its ability to dispense justice to a mere illusion. Its corridors, once filled with the rhythm of justice, now resonate with the silence of unheard petitions," the PIL submits.
It further adds that even if the court's full strength of 160 judges is achieved, each judge would still face 7,220 pending cases, serving one judge per 15 lakh people.
"Each vacancy represents a courtroom that should have been functional. Every unfilled seat is a judge who should have been delivering justice. Litigants are waiting indefinitely," the plea highlights.
The PIL asserts that the continued vacancies not only overload existing judges but also severely affect the fundamental tenets of constitutional governance.
"If the judiciary, the guardian of the Constitution, is rendered non-functional due to lack of manpower, then the fundamental principles—rule of law, judicial independence, and judicial review—forming the Basic Structure Doctrine are dismantled," it states.
To address the issue, the petitioner urges the court to establish mandatory judicial accountability mechanisms, including:
- Recommending at least 20 names for judicial appointments six months prior to any vacancy.
- Ensuring that successor judges are ready at the time of retirement or vacancy to maintain full bench strength.
- Using Article 224A for appointing retired judges to clear the enormous backlog.
- Periodic reviews of the sanctioned strength to assess whether 160 judges are adequate for the state’s population.
The PIL was filed shortly after the Supreme Court expressed concern over the vacancy crisis. The top court, led by Justices J.B. Pardiwala and R. Mahadevan, directed that the PIL be treated as a representation to the Chief Justice of the Allahabad High Court and that appropriate administrative action be taken.
"The High Court is struggling to cope with pending matters. The only solution is timely appointments based on merit and capability," the Supreme Court observed.
The Apex Court also recently permitted the appointment of ad hoc retired judges to tackle the mounting backlog in High Courts.
Amid growing concern, the Allahabad High Court Bar Association (HCBA) passed a resolution to abstain from judicial work in protest against the judge shortage and the proposed Draft Advocates (Amendment) Bill, 2025.
The matter remains under active consideration, with all eyes on the upcoming hearing on May 21, 2025, as stakeholders await concrete steps toward restoring the judicial strength of the Allahabad High Court.
