Lok Sabha Question No. 29 (STARRED), answered on 2021-02-03
Subject: Vacancies of Judges in Supreme Court and High Courts
Ministry: LAW AND JUSTICE
Asked by: Kalyan Banerjee

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

## LOK SABHA STARRED QUESTION NO. 29

## TO BE ANSWERED ON WEDNESDAY, THE 03.02.2021

## Vacancies of Judges in Supreme Court and High Courts

## *29.  SHRI KALYAN BANERJEE:

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

- a)  whether there are four vacancies of judges in the Supreme Court and  another  411  vacancies  of  judges  in  25  High  Courts  in  the country including 38 vacancies in Calcutta High Court and 30 each in Bombay and Delhi High Courts;
- b)  if so, the action taken by the Government to fill up these vacancies during the last two years; and
- c)  the time by which all the vacancies are likely to be filled up for early disposal of cases?

## ANSWER

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

(SHRI RAVI SHANKAR PRASAD)

- (a) to (c): A Statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (c) of Lok Sabha Starred Question No. 29 due for answer on 03.02.2021 regarding 'Vacancies of Judges in Supreme Court and High Courts'

(a)  to  (c):  As  on  01.02.2021,  there  were  4  vacancies  of  Judges  in  the Supreme Court and 419 vacancies of Judges in 25 High Courts. Further, there were 31, 30 and 40 vacancies of judges in the High Courts of Delhi, Bombay and Calcutta respectively.

As  per  Memorandum  of  Procedure  for  appointment  of  High  Court Judges, the proposal for appointment is initiated by the Chief Justice of the concerned  High  Court.    Government  appoints  only  those  persons  as Judges of High Courts who  are  recommended  by  Supreme  Court Collegium (SCC).  During the last 3 years i.e. 2018, 2019, 2020, High Court Collegiums made 505 recommendations, out of which 177 names, which were recommended by SCC were appointed by the Government as High Court  Judges  in  various  High  Courts.  134  names  were  rejected  by  SCC and  remitted  to  High  Courts  and  remaining  194  proposals  received  from various High Court Collegium are under various stages of processing with Government and SCC.

Filling up of vacancies in the High Courts is a continuous, integrated and  collaborative  process  between  the  Executive  and  the  Judiciary.  It requires  consultation  and  approval  from  various  constitutional  authorities both at state and central level. Hence, the time for filling up of vacancies of the Judges in the higher Judiciary cannot be indicated.

While every effort is made  to fill up the existing vacancies expeditiously,  vacancies of Judges in High Courts do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in the strength of Judges.  During the period from May, 2014 to

:  2  :

2021 (till 1.2.2021), the details of appointment in the Supreme Court and the High Courts are as follows:-

-  35 Judges were appointed in Supreme Court of India
-  570 fresh Judges were appointed in the various High Courts
-  520 Additional  Judges  were  appointed  as  Permanent  Judges  of High Courts

Government  is  committed  to  filling  up  of  vacancy  expeditiously  in time-bound manner.

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