Supreme Court Raises Alarm Over Vacant Prosecutor Posts in Trial Courts

The Supreme Court on Friday expressed serious concern over the growing shortage of public prosecutors across the country, observing that vacancies in prosecution departments are significantly contributing to delays in India’s criminal justice system.

A bench of Justice B V Nagarathna and Justice Ujjal Bhuyan , while hearing a bail plea under the Narcotic Drugs and Psychotropic Substances (NDPS) Act , questioned state governments for failing to conduct timely recruitment examinations and fill long-pending vacancies.

The bench remarked that governments frequently cite “delay in criminal justice” without addressing the underlying administrative failures responsible for it. Justice Nagarathna pointedly asked why state Directorates of Prosecution were not taking steps to complete appointments despite many candidates waiting for recruitment.

The court further observed that while the judiciary can recommend reforms, implementation ultimately rests with governments. State counsels were asked to raise the issue with law ministers, advocate generals, and prosecution departments to ensure faster appointments.

The observations have reignited focus on one of the most overlooked challenges in India’s criminal justice system the shortage of prosecutors in trial courts. Legal experts say criminal trials cannot proceed efficiently without prosecutors to examine witnesses, present evidence, argue bail matters, and coordinate with investigating agencies.

The problem has surfaced across multiple states. In Karnataka’s Chikkamagaluru district, only three of seven sanctioned prosecutor posts were reportedly filled, leading to delays in hearings. In Madhya Pradesh, controversy emerged after the cabinet approved 610 Assistant Prosecution Officer posts , but only 17 vacancies were initially advertised. Uttar Pradesh recently notified recruitment for 182 APO posts , while Bihar announced recruitment for 300 prosecutor vacancies .

Telangana has also faced recurring recruitment delays. In 2021, the state notified recruitment for 151 Assistant Public Prosecutor posts , but the Telangana High Court later questioned delays in completing the process. Fresh recruitment for 118 APP posts was again announced in 2025, including 95 direct recruitment vacancies and 23 backlog posts.

Legal experts warn that prosecutor shortages lead to repeated adjournments, prolonged detention of undertrials, and weakening of criminal cases as witnesses lose interest over time. The Supreme Court’s remarks are now being viewed as a strong message that improving criminal justice delivery requires not only more judges, but also a stronger and adequately staffed prosecution system.