Enough Vacancies But Not Enough Judges: Ex-SC Judge Madan Lokur

Former Supreme Court judge Justice Madan B. Lokur expressed serious concerns about the state of the judiciary in India during the release of the 2025 India Justice Report (IJR) on Tuesday, April 15. He stated, “You may have enough vacancies, but you don’t have enough judges. So where is justice going to come from?” This remark highlights the critical issue of insufficient judges in the face of numerous vacancies, which Justice Lokur believes leads to a denial of justice.

According to the report, Justice Lokur noted that “the vacancies across district courts in the country were around 33 per cent while in the high courts, the figures stood at around 21 per cent.” He elaborated on the situation, saying, “The fact of the matter is that sometime back, the strength of high court judges was increased by 25 per cent, across the board, for no rhyme or reason.” He cited the example of the Delhi High Court, which had its sanctioned strength increased from 48 to 60 judges, yet he pointed out, “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 per cent increase.”

Justice Lokur referenced a 1987 Law Commission recommendation that suggested “50 judges per million population,” which would have required around 40,000 judges based on the population at that time. He emphasized the current need, stating, “Today, the population is 1.4 billion, and if you take 50 per million, you require 70,000 judges.” He lamented, “Now, out of 40,000, which was mentioned in 1987, the IJR tells us that we have now in place 21,000 judges, while the number of sanctioned vacancies is 25,000.”

He also highlighted the staffing issue, noting that “the department of justice… was around seven-eight people per judge, meaning that around five lakh staff had to be recruited.” He questioned, “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.”

Justice Lokur criticized the concept of Gram Nyayalayas, which were introduced in 2009, saying, “It was an idea to tell people that… you do not have to go to the district headquarters… Just go to your Gram Nyayalaya, and your legal problems will be taken care of.” However, he pointed out that “there are hardly about 40 or 50 Gram Nyayalayas across the country, whereas there should have been thousands of them.”

To improve the judicial system, he stressed the need for enforcement and implementation of laws, stating, “But there has to be a will. A will to do it. And I am afraid that will is lacking.” He further remarked on the financial aspect, asserting, “There is enough money going around… but not being spent.” He cited the 13th Finance Commission, which allocated Rs 5,000 crore to the judiciary, of which “Rs 980 crore was spent,” and noted that the 14th Finance Commission doubled the allocation to Rs 10,000 crore.

Justice Lokur also raised concerns about the treatment of children in conflict with the law, stating, “Children are not getting justice,” and criticized the state of juvenile justice boards. He questioned the effectiveness of various tribunals, asking, “Are they giving justice? … whose orders are being flouted on a daily basis.”

Justice Lokur served as a Supreme Court judge from June 4, 2012, until December 30, 2018, and is currently the chairperson of the United Nations Internal Justice Council, a position he will hold until November 12, 2028.