“Where will justice come from?” a former Supreme Court judge asked while speaking on the issue of judicial vacancies. He pointed out that the 1987 Law Commission had recommended 50 judges per million people, which would have meant 40,000 judges based on the population at that time.
Former Supreme Court judge Justice Madan B. Lokur stated that while there are enough vacancies for judges, the actual number of judges in position is insufficient, leading to a denial of justice.
He remarked during the launch of the 2025 India Justice Report (IJR),
“You may have enough vacancies, but you don’t have enough judges. So where is justice going to come from?”
He noted that vacancies in district courts nationwide stand at around 33%, while high courts have about 21% vacant positions.
“The fact of the matter is that sometime back, the strength of high court judges was increased by 25% across the board, for no rhyme or reason. So, for example, the Delhi High Court had a sanctioned strength of 48, which was raised to 60.”
Justice (retd) Lokur explained,
“During a conference held in February this year in Delhi, attended by several chief justices, I was informed that there is not a single high court where the number of judges was equal to the sanctioned strength before the 25% increase. So, the Delhi High Court never had 48 judges,”
He referenced the 1987 Law Commission’s recommendation of 50 judges per million people, which equated to 40,000 judges based on the population at that time.
“Today, the population is 1.4 billion, and if you take 50 per million, you require 70,000 judges. Now, from the 40,000 mentioned in 1987, the IJR indicates we currently have only 21,000 judges, with 25,000 sanctioned vacancies, meaning even those positions remain unfilled.”
The former Supreme Court judge noted,
“Forget about what the Law Commission said 40 years ago. Today, the number (40,000) has gone up to 70,000; there is no way that you’re going to get so many people,”
Justice (retd) Lokur highlighted the staffing requirements as well, indicating that, according to the Department of Justice, approximately seven to eight staff members are needed for each judge, translating to a requirement of around 500,000 additional staff.
He warned,
“Where are you going to get all these people? So unless there is this will to do something about it, the problem is going to continue,”
He also remarked on the idea of Gram Nyayalayas, which were launched with great enthusiasm in 2009, stating that the initiative is now largely ineffective.
“It was an idea to tell people that, listen, you do not have to go to the district headquarters, you do not have to go to the high court, you do not have to go to the Supreme Court. Just go to your Gram Nyayalaya, and your legal problems will be taken care of.”
The former judge stated,
“Fifteen years later, there are hardly about 40 or 50 Gram Nyayalayas across the country, whereas there should have been thousands of them. Most of those set up with enthusiasm are now closed. Where are people going to get justice from? Not everybody can come to the Supreme Court when people find it difficult to even go to the district headquarters,”
Justice (retd) Lokur asserted that to enhance the system, laws must be enforced and implemented, and a significant amount of data could be analyzed to identify gaps.
He said,
“But there has to be a will. A will to do it. And I am afraid that will is lacking,”
He further pointed out that financial constraints are not an issue for the judiciary or the government.
“There is enough money going around, by the way, plenty of money going around, but not being spent. I know, as a matter of fact, in the 13th Finance Commission, Rs 5,000 crore was allocated to the judiciary, of which Rs 980 crore was spent.”
He explained,
“The 14th Finance Commission doubled it to Rs 10,000 crore. Now, if the judiciary could not spend Rs 5,000 crore, how do you expect it to spend Rs 10,000 crore? So, money is available. The point that I want to make is money is available, but budgeting is a different ball game altogether, also the utilization of the fund. So we have to have that will to do something,”
Justice (retd) Lokur also highlighted the dire conditions faced by children in conflict with the law who are housed in juvenile facilities in Delhi, noting that they often endure circumstances similar to or worse than those of adult inmates in Tihar.
He said,
“We have juvenile justice boards in bad shape. Children are not getting justice,”
He criticized the effectiveness of tribunals as well, questioning whether they are truly delivering justice.
The former Supreme Court judge asked,
“Take a look at tribunals, which are also a part of justice, and we have many of them. Are they providing justice? The Central Administrative Tribunal, Debt Recovery Tribunal, consumer forums, commercial tribunals, and the National Green Tribunal—whose orders are being flouted daily. Are they giving justice?”
Justice (retd) Lokur, who served on the Supreme Court from June 4, 2012, until December 30, 2018, was appointed chairperson of the United Nations Internal Justice Council in December last year, with a term ending on November 12, 2028.