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          In areas where High Courts do not have original jurisdiction, State Governments may set up Commercial Appellate Courts at the district level to consider appeals from Commercial Courts below the level of a district judge. The Bill does not clarify whether the cost of setting up of new commercial courts will be borne by the Union Government or by the State Governments or both.

          Sir, I would like to record in this august House that the overall vacancies of judges have increased across all courts from 23 per cent in 2006 to 35 per cent in 2018. In the Supreme Court, it has increased from 8 per cent to 23 per cent; in the High Courts from 16 per cent to 38 per cent; and in the Subordinate Courts from 19 per cent to 26 per cent. The establishment of more Commercial Courts would require more judges and the Government should consider this issue and provide the courts with adequate number of judges.

          Sir, the increase in the pendency of cases for long periods, over the years, has resulted in an increase in the number of under trials in prisons. As of 2015, there were over four lakh prisoners in jails. Of these, two-thirds were under trials and the remaining one-third were convicts. This is the reason as to why most of the people do not want to go to courts and get their disputes resolved outside courts.

          We all know that there is a huge backlog and a large number of vacancies exist in courts. Unless those vacancies are filled early, any number of creating additional machineries may not solve the problem of accumulation of cases. Overall, vacancies in the country have increased across all courts from 23 per cent in 2006 to 35 per cent till April, 2018. In the Supreme Court, it has increased from eight per cent to 23 per cent; in the High Courts, it has increased from 16 per cent to 38 per cent and in the Subordinate courts, it has increased from 19 per cent to 26 per cent. As of April, 2018, the High Courts have a vacancy of 406 posts of judges against the sanctioned strength of 1,079 judges. In the Subordinate Courts, the vacancies of judges have increased from 19 per cent to 26 per cent between 2006 and 2017. In West Bengal, there is a vacancy of 40 posts of judges and Andhra Pradesh has a vacancy of 66 posts of judges.

Various measures were suggested to overcome this problem.  One of them was doubling of judges’ strength and appointing retired judges on an ad-hoc basis for one year.  Unfortunately, the Government has not yet made any move in this direction. The Standing Committee on Law and Justice has been consistently urging to fill up these vacancies.  Even in a recently submitted Report of this Committee, it has expressed concerns about the large number of vacancies. 

It has also recommended to increase the retirement age of Supreme Court Judges from 65 years to 67 years and of High Court Judges from 62 years to 65 years. The UPA Government has brought the Bill to increase the age limit of High Court Judges from 62 years to 65 years but, unfortunately, it was lapsed after the dissolution of the 15th Lok Sabha in 2014. More than 400 posts of judges are vacant in 24 High Courts of this country. 

          Sir, I have heard what the hon. BJP Member from Delhi has said. She said that 32,656 civil suits are pending in five High Courts in original jurisdiction of our country and of it, 51.7 per cent pertain to commercial disputes.  

          I wish to say to the hon. Minister that the proposed Bill is not a magic wand whereby you waive it and every issue will be solved. I would like to know from the hon. Minister whether the vacancies have increased in all courts from 23 per cent in 2006 to 35 per cent in 2018. Is this your governance? In Supreme Court, the vacancies have risen from eight per cent to 23 per cent. In High Court, the vacancies have risen from 16 per cent to 38 per cent. In subordinate courts, the vacancies have risen from 19 per cent to 26 per cent. The startling statistics is that out of 1,079 positions of judges in High Courts, 400 are vacant. In subordinate courts, there are 5,746 vacancies against the sanctioned strength of 22,474 judges. We have more than two crore cases pending. For those cases to be decided with the existing strength, it will take us 365 years. I want to know from the hon. Minister what is the hard and fast solution that you are producing over here, without filling up those vacancies of judges. He takes credit for his Government, saying that they have filled so many vacancies. This is the record which I am putting in front of you. You are not at all interested in filling up vacancies in the Supreme Court, the High Courts and the subordinate courts.