Nearly 60 per cent of Maharashtra’s sanctioned judicial posts are vacant, with only 2,116 of the 5,195 positions filled, according to an affidavit filed by the state Law and Judiciary Department. Bombay High Court Chief Justice (CJ) Mahesh Chandra Tripathi has called the shortage “glaring” and called for urgent steps to fill the vacancies.

“So far as judicial officers in Maharashtra are concerned, on the administrative side, I have come across a very glaring situation in the State of Maharashtra with more than 50% vacancies. I have already constituted a committee so that we may pass this on to the Public Service Commission…,” CJ Tripathi orally observed on September 16 while hearing pleas concerning appointments to civil judge junior division and JMFC posts.

CJ Tripathi said he noticed the shortage while reviewing judicial infrastructure and cadre strength earlier this month.

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In 2014, Maharashtra had 1,909 sanctioned judicial posts, of which 1,643 were filled, giving a working strength of 86.07 per cent. The sanctioned strength doubled following circulars in 2024 and reached 5,196 posts in 2025; however, the working capacity was 2, 054, set at 39. 53%.

In 2026, even though the sanctioned strength was increased substantially to 5,195, only 2,116 posts were filled, taking the working strength to 40.73 per cent — a drop of more than 45 percentage points over 12 years.

The shortage comes as Maharashtra’s district, sessions and magistrate courts face a pendency of more than 61 lakh cases, according to the National Judicial Data Grid.

The affidavit was a response to an interim application in a PIL filed by activist Vihar Shivajirao Durve before a bench led by Justice Ajey S Gadkari, seeking directions for setting up fast-track courts to address the pendency of cases involving crimes against women and children.

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The state also faces a shortfall in functional fast-track courts. The chief justice questioned the proposal to create around 3,000 additional judicial posts, when thousands of existing positions remain vacant.

“On the other hand, as per a new report before the Supreme Court, around 3,000 posts are to be created in addition, whereas out of 5,000-odd posts, we have only nearly 2,500 judicial officers. Where is the justification to increase the number? And not only increase the number, we have to provide the infrastructure and other accessories also. That would be tremendously dependent upon state facilitation,” CJ Tripathi said.