Lok Sabha Question No. 3364 (UNSTARRED), answered on 2017-03-22
Subject: Appointment of SC/HC Judges
Ministry: LAW AND JUSTICE
Asked by: N.K. PREMACHANDRAN, Adhikari Dibyendu

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.3364 TO BE ANSWERED ON WEDNESDAY, THE 22.03.2017

## Appointment of SC/HC Judges

## 3364. SHRI N.K.PREMACHANDRAN: SHRI DIBYENDU ADHIKARI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the action taken by the Government to fill up the existing vacancies of judges in the Supreme Court and High Courts;
- (b) whether the Government received proposal from collegiums regarding such appointments;
- (c) if so, the action taken by the Government thereon;
- (d) whether the Government and collegiums fixed criteria other than seniority for promotion of the Judges in service;
- (e) if so, the details of the criteria fixed by the Government;
- (f) Whether it has come to the notice of the Government that there is violation from the existing norms in the list prepared and sent by High Courts so as to avoid certain Judges; and
- (g) if so, the action taken by the Government to make requisite changes and appoint those who are qualified considering their seniority?

## ANSWER Minister of State  for  Law and Justice and Electronics and Information Technology.

## (SHRI P.P. CHAUDHARY)

(a) to (g) : Filling of vacancies of Judges in the Supreme Court and High Courts is a continuous and collaborative process of the Judiciary and Executive. While every effort is made to fill up the existing  vacancies  expeditiously,  vacancies  do  keep  on  arising  on  account  of  retirement, resignation or elevation of Judges and increase in Judge strength. Further, on account of court case regarding the National Judicial Appointments Commission from April, 2015 till the date of pronouncement of judgement i.e. 16.12.2015, no fresh appointment of Judges in the Supreme Court and High Courts was made during the period. After  striking  down  the  constitutional  validity  of  the  Constitution  (Ninety-Ninth  Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014, the Supreme Court passed an order for improving the Collegium system in December, 2015 by supplementing the existing Memorandum of Procedure(MoP). As the process was likely to take some time, at the initiative of the Government of India, the matter was taken up with the Supreme Court and the process of appointment of Judges has been resumed. Based on the proposals received from the High Court Collegium, during 2016, 126 fresh appointments of Judges in High Courts and 131 Additional Judges were made Permanent, which is the highest number of appointments made in the last 26 years. Besides, based on the proposal received from the Supreme Court Collegium, 4 Judges were appointed in the Supreme Court in 2016. During the current year, as on date, 5 more Judges has been appointed in Supreme Court, 9 Judges have been appointed in High Courts and 16 Additional Judges have been made permanent.

A  Judicial  Officer  is  considered  for  elevation  as  a  Judge  of  the  High  Court    based  on seniority  subject  to  the  fulfillment  of  prescribed  age  limit.  Besides,  other  criteria  include  the quality  of  their  Judgements  which  is  scrutinized  at  the  High  Court  level  by  a  Judgement Evaluation Committee, ACRs, conduct and clearance from Vigilance angle etc. The proposals received from the High Court Collegiums are duly examined by the Government as well as by the Supreme Court Collegium to ensure that best candidates are appointed as High Court Judges.

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