Lok Sabha Question No. 578 (UNSTARRED), answered on 2019-11-20
Subject: Job Vacancy in High Courts
Ministry: LAW AND JUSTICE
Asked by: Abdul Majeed Ariff

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

## LOK SABHA

## UNSTARRED QUESTION NO. 578

TO BE ANSWERED ON WEDNESDAY, THE 20 th  NOVEMBER, 2019

## Job Vacancy in High Courts

578. ADV. A.M. ARIFF: Will the Minister of LAW AND JUSTICE be pleased to state:
2. (a) whether  over  10,000  posts  of  LDA,  Copyist,  Typist,  Law  Clerks,  Private Secretary,  Stenographer,  Judicial  Assistant,  Research  Assistant  are  vacant  in different High Courts of the country and if so, the details thereof;
3. (b) whether nearly 450 posts of Judges are still vacant cumulatively in the Supreme Court and all 24 High Courts of the country thereto and if so, the details thereof
4. (c) whether in four High Courts, there are acting Chief Justices;
5. (d) if so, the details of category-wise vacancies and proposal to fill up all vacancies in a time-bound mechanism; and
6. (e) the details of referral of Supreme Court Collegiums and State's recommendations therein and action taken thereon?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

- (a): Information  relating  to  vacancies  in  non-judicial  staff  in  High  Courts  and subordinate judiciary is not maintained in the Union Government as the matter comes under the purview of the High Courts and respective State Governments.

(b): A statement showing vacancies of Judges in the Supreme Court of India and all 25 High courts as on 13.11.2019 is attached.

(c): Acting Chief Justices were functioning in the High Courts of Madras, Madhya Pradesh, Jharkhand and Tripura, however, appointment of regular Chief Justices in the above High Courts have been notified by the Government of India.

(d): Judges of the Supreme Court of India and High Courts are appointed as per the procedure  laid  down  in  the  Memorandum  of  Procedure  (MoP)  prepared  in  1998 pursuant to the Supreme Court Judgment of October 6,1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case). Initiation of proposal for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while initiation of proposal for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court.

Filling up of vacancies is a continuous process, as it requires consultation and approval from various Constitutional Authorities. Hence, the time frame for filling up of the  vacancies cannot be indicated. While every effort is made to fill up the existing vacancies  keep  on  arising  on  account  of  retirement,  resignation  or  elevation  of Judges.

(e): At  present,  as  on  13.11.2019,  248  names  recommended  by  High  Court Collegiums  for  appointment  as  Judges  of  various  High  Courts,  which  are  under various stages of processing with the Government, as per the procedure prescribed in the MoP.

…..

Annexure Statement  referred  to  in  LokSabhaUnstarred  Question    QuestionNo.  578 due for answer on 20.11.2019 regarding 'JOB VACANCY IN HIGH COURTS'

(As on 13.11.2019)

| Sl. No.   | Supreme Court/High Courts   | Vacancies   |
|-----------|-----------------------------|-------------|
| A         | Supreme Court               | 00          |
| B         | Name of the High Court      | --          |
| 1         | Allahabad                   | 60          |
| 2         | Andhra Pradesh              | 22          |
| 3         | Bombay                      | 29          |
| 4         | Calcutta                    | 32          |
| 5         | Chhattisgarh                | 07          |
| 6         | Delhi                       | 23          |
| 7         | Gauhati                     | 06          |
| 8         | Gujarat                     | 24          |
| 9         | Himachal Pradesh            | 03          |
| 10        | Jammu & Kashmir             | 08          |
| 11        | Jharkhand                   | 07          |
| 12        | Karnataka                   | 23          |
| 13        | Kerala                      | 15          |
| 14        | Madhya Pradesh              | 22          |
| 15        | Madras                      | 21          |
| 16        | Manipur                     | 01          |
| 17        | Meghalaya                   | 02          |
| 18        | Orissa                      | 13          |
| 19        | Patna                       | 26          |
| 20        | Punjab& Haryana             | 35          |
| 21        | Rajasthan                   | 28          |
| 22        | Sikkim                      | 0           |
| 23        | Telangana                   | 11          |
| 24        | Tripura                     | 01          |
| 25        | Uttarakhand                 | 01          |
| Total     | Total                       | 420         |