Lok Sabha Question No. 3476 (UNSTARRED), answered on 2019-01-02
Subject: Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: VASANTHI M., RAJIV PRATAP RUDY

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3476

## TO BE ANSWERED ON WEDNESDAY, THE 02.01.2019

## Appointment of Judges

3476. SHRIMATI VASANTHI M. SHRI RAJIV PRATAP RUDY:

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

- a) whether it is a fact that the Government has appointed 34 judges to six high courts in the country;
- b) if so, the details thereof;
- c)  the number of high courts in the country that are functioning without regular chief justices for the past several months;
- d) the details thereof and the reasons therefor and the time by which the said post is likely to be filled up; and
- e) the number of posts of judges sanctioned and lying vacant in various High Courts in the country, State-wise and the time since when the said posts have been lying vacant along with the reasons therefor?

## ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

## (SHRI P.P. CHAUDHARY)

- (a)  and  (b):  During  2018  (as  on  28.12.2018),  108  judges  have  been appointed in  the  High  Courts  of  Jharkhand,  Karnataka,  Calcutta,  Tripura,

Madras,  Madhya  Pradesh,  Chhattisgarh,  Jammu  &  Kashmir,  Bombay, Delhi, Gujarat, Punjab & Haryana, Kerala, Orissa, Meghalaya, Allahabad, Uttarakhand and Gauhati. (c)  and  (d):  As  on  28.12.2018,  all  the  High  Courts  are  functioning  with regular Chief Justice except Gujarat High Court. The initiation of proposal for  appointment  of  a  Chief  Justice  of  a  High  Court  vests  with  the  Chief Justice  of  India.  The  Government  has  not  received  any  proposal  for appointment of Chief Justice of Gujarat High Court. (e) A Statement showing the High Court-wise sanctioned strength, working strength and vacancies of Judges as on 28.12.2018 is at Annexure . Filling up of vacancies in the High Court is a continuous and collaborative process between the Executive and Judiciary. It requires consideration and approval  from  various  Constitutional  Authorities.  Initiation  of  proposal  for appointment of Judges in High Courts vests with the Chief Justice of the concerned  High  Court.  While  every  effort  is  made  to  fill  up  the  existing vacancies expeditiously, vacancies of Judges of High Courts do keep on arising  on  account  of  retirement,  resignation  or  elevation  of  Judges  (to Supreme Court)  and also due to increase in strength of Judges.

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## Annexure

Statement referred to in reply to part (e) of Lok Sabha Unstarred Question No. 3476 for 02.01.2019 regarding Appointment of Judges.

(As on 28.12.2018)

| Sl. No.   | Name of the High Court    |   Approved Strength |   Working Strength |   Vacancies |
|-----------|---------------------------|---------------------|--------------------|-------------|
| 1         | Allahabad                 |                 160 |                109 |          51 |
| 2         | Telangana &Andhra Pradesh |                  61 |                 27 |          34 |
| 3         | Bombay                    |                  94 |                 71 |          23 |
| 4         | Calcutta                  |                  72 |                 37 |          35 |
| 5         | Chhattisgarh              |                  22 |                 15 |          07 |
| 6         | Delhi                     |                  60 |                 39 |          21 |
| 7         | Gauhati                   |                  24 |                 19 |          05 |
| 8         | Gujarat                   |                  52 |                 28 |          24 |
| 9         | Himachal Pradesh          |                  13 |                 08 |          05 |
| 10        | Jammu &Kashmir            |                  17 |                 09 |          08 |
| 11        | Jharkhand                 |                  25 |                 19 |          06 |
| 12        | Karnataka                 |                  62 |                 33 |          29 |
| 13        | Kerala                    |                  47 |                 38 |          09 |
| 14        | Madhya Pradesh            |                  53 |                 35 |          18 |
| 15        | Madras                    |                  75 |                 61 |          14 |
| 16        | Manipur                   |                  05 |                 03 |          02 |
| 17        | Meghalaya                 |                  04 |                 03 |          01 |
| 18        | Orissa                    |                  27 |                 14 |          13 |
| 19        | Patna                     |                  53 |                 28 |          25 |
| 20        | Punjab& Haryana           |                  85 |                 55 |          30 |
| 21        | Rajasthan                 |                  50 |                 25 |          25 |
| 22        | Sikkim                    |                  03 |                 03 |           0 |
| 23        | Tripura                   |                  04 |                 03 |          01 |
| 24        | Uttarakhand               |                  11 |                 09 |          02 |
| Total     | Total                     |                1079 |                691 |         388 |