Lok Sabha Question No. 3277 (UNSTARRED), answered on 2022-08-05
Subject: Impact of Delay in Appointment on Seniority of Judges
Ministry: LAW AND JUSTICE
Asked by: Vellalath Kochukrishnan Nair. Sreekandan

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

## LOK SABHA

## UNSTARRED QUESTION NO. 3277

## TO BE ANSWERED ON FRIDAY, THE 05.08.2022

## Impact of Delay in Appointment on Seniority of Judges

## 3277.   SHRI V.K. SREEKANDAN:

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

- (a) whether the delay in judicial appointments affectsseniority of judges;
- (b) if so the details thereof and the steps taken inthis regard;
- (c) whether a High Court judge in Karnataka hasfaced threat of life on the issue of transfer of judicialofficials in Karnataka;
- (d) if  so,  whether  the  Government  has  taken  seriousnote  and  made  any inquiry into it; and
- (e) if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) and (b):  Appointment of Judges of the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of Indiaand 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). As per the existing Memorandum of Procedure for appointment of Judges of High Courts, the Chief Justice of the High Court is required to initiate the proposal for filling up of vacancies of a Judge in a High Court six months prior to the occurrence of vacancies.

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  the State  and  Centre  level.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.

The  seniority  of  recommendees  is  not  the  only  criterion  for  making recommendations by the High Court Collegiums for appointment of judges in the  High  Courts.Government  appoints  only  those  persons  as  Judges  of  High Courts who are recommended by Supreme Court Collegium (SCC).

(c) to (e): As  per  information  provided  by  the  Karnataka  High  Court,  no incident of threat of life faced by the Judges of the High Court on the issue of transfer of Judicial Officers in Karnataka has been reported. 'Police' and 'Public order' are State subjects under the Seventh Schedule to the Constitution of India and  State  Governments/UT  Administrations  are  responsible  for  prevention, detection,  registration  and  investigation  of  crime  and  for  prosecuting  the criminals  through  their  law  enforcement  agencies.  Further,  maintenance  of order in the Court's premises as well as safety and security of Judges isalso the responsibility of State Governments /UT Administrations.

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