Lok Sabha Question No. 468 (UNSTARRED), answered on 2022-12-09
Subject: Recommendation of Law Commission on Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: Sushil Kumar Singh, P.P. Chaudhary

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

## LOK SABHA

## UNSTARRED QUESTION NO. 468

## TO BE ANSWERED ON FRIDAY, THE 09.12.2022

## Recommendation of Law Commission on Appointment of Judges

## 468.  SHRI SUSHIL KUMAR SINGH: SHRI P.P. CHAUDHARY:

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

- (a)   whether the Government proposes to implement the recommendation of 230th report  of  the  Law  Commission  wherein  it  is  suggested  not  to  appoint  the Judges in those courts where their kith and kin are practicing;
- (b)   if so, the details thereof and if not, the reasons therefor;
- (c) the  number  of  judges  whose  kith  or  kin  had  earlier  been  in  judiciary,  High Court-wise;
- (d) the number of vacancies of judges in the High Courts across the country, Statewise including Rajasthan; and
- (e) whether any steps have been taken to fill up the vacancies of judges in the High Courts of the country and if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (c): Appointment of Judges of the Supreme Court and High Courts is made under  Articles  124,  217  and  224  of  the  Constitution  of  India  and  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 at least six months prior to the occurrence of vacancies.

Before forwarding his recommendation, the Chief Justice must consult two of his senior-most  colleagues  on  the  Bench  regarding  the  suitability  of  the  names proposed.  Government  appoints  only  those  judges  who  are  recommended  by  the Supreme Court Collegium. The data  on  number  of  judges  whose  kith  or  kin  had earlier been in judiciary, High Court-wise, is not maintained.

(d)  &  (e):  The  details  of  vacancies  of  judges  in  High  Courts  of  the  country  is  at Annexure-A .

Filling  up  of  vacancies  in  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. At regular intervals, Government receives names recommended by the  Supreme Court Collegium for appointment as Judges in various High Courts, which are processed for necessary approval as per the provisions of Memorandum of Procedure.  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.

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ANNEXURE-A Statement showing Sanctioned strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts (As on 05.12.2022)

Sanctioned strength

Working strength

Vacancies

|    | High Court       |   Pmt. |   Addl |   Total |   Pmt. |   Addl |   Total |   Pmt. |   Addl |   Total |
|----|------------------|--------|--------|---------|--------|--------|---------|--------|--------|---------|
| 1  | Allahabad        |    119 |     41 |     160 |     77 |     23 |     100 |     42 |     18 |      60 |
| 2  | Andhra Pradesh   |     28 |      9 |      37 |     27 |      3 |      30 |      1 |      6 |       7 |
| 3  | Bombay           |     71 |     23 |      94 |     40 |     26 |      66 |     31 |     -3 |      28 |
| 4  | Calcutta         |     54 |     18 |      72 |     35 |     19 |      54 |     19 |     -1 |      18 |
| 5  | Chhattisgarh     |     17 |      5 |      22 |      8 |      6 |      14 |      9 |     -1 |       8 |
| 6  | Delhi            |     46 |     14 |      60 |     44 |      1 |      45 |      2 |     13 |      15 |
| 7  | Gauhati          |     18 |      6 |      24 |     16 |      8 |      24 |      2 |     -2 |       0 |
| 8  | Gujarat          |     39 |     13 |      52 |     28 |      0 |      28 |     11 |     13 |      24 |
| 9  | Himachal Pradesh |     13 |      4 |      17 |     10 |      0 |      10 |      3 |      4 |       7 |
| 10 | J &Kand Ladakh   |     13 |      4 |      17 |     11 |      4 |      15 |      2 |      0 |       2 |
| 11 | Jharkhand        |     20 |      5 |      25 |     20 |      1 |      21 |      0 |      4 |       4 |
| 12 | Karnataka        |     47 |     15 |      62 |     40 |      9 |      49 |      7 |      6 |      13 |
| 13 | Kerala           |     35 |     12 |      47 |     28 |      9 |      37 |      7 |      3 |      10 |
| 14 | Madhya Pradesh   |     39 |     14 |      53 |     31 |      0 |      31 |      8 |     14 |      22 |
| 15 | Madras           |     56 |     19 |      75 |     44 |     10 |      54 |     12 |      9 |      21 |
| 16 | Manipur          |      4 |      1 |       5 |      3 |      0 |       3 |      1 |      1 |       2 |
| 17 | Meghalaya        |      3 |      1 |       4 |      3 |      0 |       3 |      0 |      1 |       1 |
| 18 | Orissa           |     24 |      9 |      33 |     22 |      0 |      22 |      2 |      9 |      11 |
| 19 | Patna            |     40 |     13 |      53 |     34 |      0 |      34 |      6 |     13 |      19 |
| 20 | Punjab& Haryana  |     64 |     21 |      85 |     39 |     27 |      66 |     25 |     -6 |      19 |
| 21 | Rajasthan        |     38 |     12 |      50 |     26 |      0 |      26 |     12 |     12 |      24 |
| 22 | Sikkim           |      3 |      0 |       3 |      3 |      0 |       3 |      0 |      0 |       0 |
| 23 | Telangana        |     32 |     10 |      42 |     31 |      2 |      33 |      1 |      8 |       9 |
| 24 | Tripura          |      4 |      1 |       5 |      3 |      0 |       3 |      1 |      1 |       2 |
| 25 | Uttarakhand      |      9 |      2 |      11 |      7 |      0 |       7 |      2 |      2 |       4 |
|    | Total            |    836 |    272 |    1108 |    630 |    148 |     778 |    206 |    124 |     330 |