Allahabad High Court Chief Justice Recuses from Hearing PIL on Judicial Vacancies

On March 6, 2025, Chief Justice Arun Bhansali of the Allahabad High Court recused himself from presiding over a Public Interest Litigation (PIL) that sought the expedited appointment of judges to address the court's significant judicial vacancies. The PIL highlighted that the High Court is currently operating with only 79 judges out of a sanctioned strength of 160, leaving 81 positions vacant, which constitutes over 50% of its authorized capacity.

The petition, filed by Senior Advocate Satish Trivedi and represented by Advocates Shashwat Anand, Syed Ahmad Faizan, and Saumitra Anand, underscored the severe backlog of cases resulting from this shortage. With Uttar Pradesh's population exceeding 24 crores and 1,155,225 pending cases, the current judge-to-population ratio stands at one judge per 30 lakh people. This disparity has led to each judge managing an average of 14,623 pending cases, placing immense pressure on the judiciary and delaying the delivery of justice.

The PIL emphasized that the High Court is in a "state of functional paralysis" due to operating at less than 50% of its sanctioned judicial strength. This situation has contributed to an insurmountable backlog of over 11 lakh cases. The petitioners argued that even if all judicial vacancies were filled, there would still be only one judge for every 15 lakh people, with each judge handling approximately 7,220 pending cases. These statistics underscore the urgency of addressing the vacancies to ensure timely justice for litigants.

Highlighting the broader implications, the petitioners noted that each unfilled judicial position represents not just an empty seat but also numerous litigants awaiting justice. The vacancies have led to enormous mounting pendency, imposing significant hardship on both litigants and judges. The judiciary, as the ultimate guardian of the Constitution, is rendered non-functional due to lack of manpower, effectively dismantling fundamental principles such as the rule of law, separation of powers, judicial independence, and judicial review—all forming part of the Basic Structure Doctrine.

The issue of judicial vacancies in the Allahabad High Court has also attracted the attention of the Supreme Court of India. On February 3, 2025, the Supreme Court expressed serious concerns about the massive case backlog in the Allahabad High Court, which is operating at half its full strength. Each judge is handling between 15,000 to 20,000 cases, underscoring the urgent need to fill vacant judge posts. The court emphasized that swift action is necessary to clear over 11.4 lakh pending cases and restore efficiency in the judicial system.

The Supreme Court's observations came during the hearing of a case filed by a 95-year-old woman whose case had been pending in the Allahabad High Court for many years. She approached the Supreme Court, requesting directions to the High Court to hear her second appeal in a civil case at the earliest. The Supreme Court acknowledged that there could be many other cases in a similar condition, waiting for justice. The court directed that the elderly woman's plea be considered as a representation to the Chief Justice of the Allahabad High Court, so that the necessary actions could be taken.

As of January 1, 2025, the High Court had a backlog of 11,41,687 cases, yet no urgent steps have been taken to fill the judge vacancies and resolve this crisis. In December 2024, the Supreme Court Collegium had recommended only one advocate, Praveen Kumar Giri, for appointment as a High Court judge. His appointment was approved by the Central Government on January 23, 2025. However, no other recommendations have been made despite the severe shortage of judges and the growing backlog of cases. This has raised serious concerns about the functioning of the judiciary and the urgent need to fill the vacant positions without further delay.

The recusal of Chief Justice Bhansali from the PIL underscores the sensitivity and complexity surrounding the issue of judicial appointments. While the reasons for his recusal were not specified, such actions are typically taken to maintain impartiality, especially if there could be a perceived conflict of interest or bias. The matter will now be placed before another bench for hearing, as per the standard judicial procedure when a judge recuses themselves from a case.

The ongoing situation highlights the critical need for systemic reforms to address judicial vacancies and ensure the efficient functioning of the judiciary. Timely appointments are essential to uphold the rule of law and provide justice to the citizens. The Allahabad High Court, being one of the largest in the country, plays a pivotal role in the Indian judicial system. Addressing its challenges is crucial for maintaining public trust and confidence in the legal system.

In conclusion, the recusal of Chief Justice Arun Bhansali from the PIL seeking the expeditious filling of judicial vacancies brings to the forefront the pressing issues facing the Allahabad High Court. The significant number of vacancies, coupled with an overwhelming backlog of cases, necessitates immediate and concerted efforts from all stakeholders to ensure that the wheels of justice continue to turn effectively and efficiently.