Lok Sabha Question No. 1668 (UNSTARRED), answered on 2022-12-16
Subject: Appointment of Additional Judges in High Courts
Ministry: LAW AND JUSTICE
Asked by: Manish Tewari

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1668

## TO BE ANSWERED ON FRIDAY, THE 16.12.2022

## Appointment of Additional Judges in High Courts

## 1668. SHRI MANISH TEWARI:

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

- (a) the details of memorandum or guideline for appointing additional judges to High Courts;
- (b) the list of vacancies of permanent judges in High Courts, State-wise;
- (c) the  list  of  additional  judges  appointed  during  the  last  two  years  along  with vacancies  of  permanent  judges  in  the  respective  High  Courts  at  a  time  when such additional judges were appointed, State-wise;
- (d) whether additional judges to High courts are to be appointed only when there exists no vacancy for a permanent judge and if so, the details thereof;
- (e) the  grounds  or  reasons  for  appointing  additional  judges  when  vacancies  for permanent judges remain unfilled in High Courts; and
- (f) whether the Government has sought any advice from the judiciary in this respect and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a) to (f):  A permanent Judge is appointed in the High Court under Article 217 of the Constitution and shall hold office until he attains the age of 62 years. An Additional Judge is appointed under Article 224 of the Constitution for a period not exceeding two  years  and  shall  hold  office  till  the  age  of  62  years.  In  consultation  with  Chief Justice  of  India,  the  sanctioned  strength  of  High  Courts  Judges  is  distributed  into Permanent and Additional Judges in the ratio of 75:25. The appointment of Judges is made in the parent High Courtfrom Bar and Service quota.When there is a vacancy of a  Permanent  Judge  in  the  parent  High  Court  and  there  is  no  Additional  Judge appointed in the said High Court, fresh appointment would be made as a Permanent Judge. In case of no vacancy of a permanent Judge in the parent High Court or there is a vacancy of a Permanent Judge of the said High Court but an Additional Judge has already been appointed, the fresh appointment will be made as an Additional Judge.

The list of vacancies of Permanent Judges and Additional Judges in High Courts as on 13.12.2022, High Court-wise is at Annexure-I.

As on 01.01.2021, 232 posts of Permanent Judges were lying vacant in various High  Courts and from 01.01.2021 to 31.12.2021, 99 Additional Judges were appointed. Similarly,  as  on 01.01.2022,  229 posts of  Permanent Judges  were vacant and  from  01.01.2022  till  13.12.2022,  93  Additional  Judges  have  been  appointed  in various High Courts. The details of High Court-wise appointment of Additional Judges are at Annexure-II.

*****

Statement  showing  Sanctioned  strength,  Working  Strength  and  Vacancies  of Judges in the High Courts (As on 13.12.2022)

Sanctioned strength

Working strength

Vacancies

| S. No.   | 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 |     39 |     26 |      65 |     32 |     -3 |      29 |
| 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 |     10 |      4 |      14 |      3 |      0 |       3 |
| 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    | Total            |    836 |    272 |    1108 |    628 |    148 |     776 |    208 |    124 |     332 |

Annexure-II Details of vacancies of Permanent Judges and appointment of Additional Judges

## in the year 2021 and 2022 (till 13.12.2022)

| S. No.   | High Court       | Vacancy of permanent Judges as on 01.01.2021   |   Additional Judges appointed in the year 2021 | Vacancy of permanent Judges as on 01.01.2022   |   Additional Judges appointed in the year 2022 |
|----------|------------------|------------------------------------------------|------------------------------------------------|------------------------------------------------|------------------------------------------------|
| 1        | Allahabad        | 38                                             |                                             17 | 46                                             |                                             12 |
| 2        | Andhra Pradesh   | 10                                             |                                             02 | 8                                              |                                             03 |
| 3        | Bombay           | 22                                             |                                             06 | 19                                             |                                             19 |
| 4        | Calcutta         | 22                                             |                                             08 | 24                                             |                                             14 |
| 5        | Chhattisgarh     | 04                                             |                                             03 | 7                                              |                                             03 |
| 6        | Delhi            | 15                                             |                                              0 | 15                                             |                                             01 |
| 7        | Gauhati          | 01                                             |                                             06 | 1                                              |                                             02 |
| 8        | Gujarat          | 10                                             |                                             07 | 7                                              |                                              0 |
| 9        | Himachal Pradesh | 01                                             |                                             01 | 2                                              |                                              0 |
| 10       | J &Kand Ladakh   | 02                                             |                                             02 | 0                                              |                                             04 |
| 11       | Jharkhand        | 02                                             |                                              0 | 0                                              |                                             01 |
| 12       | Karnataka        | 21                                             |                                             06 | 8                                              |                                             06 |
| 13       | Kerala           | 05                                             |                                             12 | 8                                              |                                             01 |
| 14       | Madhya Pradesh   | 11                                             |                                              0 | 11                                             |                                              0 |
| 15       | Madras           | 04                                             |                                             05 | 11                                             |                                             04 |
| 16       | Manipur          | 0                                              |                                              0 | 1                                              |                                              0 |
| 17       | Meghalaya        | -01*                                           |                                              0 | 0                                              |                                              0 |
| 18       | Orissa           | 05                                             |                                             04 | 2                                              |                                              0 |
| 19       | Patna            | 18                                             |                                             04 | 14                                             |                                              0 |
| 20       | Punjab &Haryana  | 22                                             |                                             06 | 21                                             |                                             21 |
| 21       | Rajasthan        | 15                                             |                                             03 | 10                                             |                                              0 |
| 22       | Sikkim           | 0                                              |                                              0 | 0                                              |                                              0 |
| 23       | Telangana        | 04                                             |                                             07 | 13                                             |                                             02 |
| 24       | Tripura          | 0                                              |                                              0 | -01**                                          |                                              0 |
| 25       | Uttarakhand      | 01                                             |                                              0 | 2                                              |                                              0 |
|          | Total            | 232                                            |                                             99 | 229                                            |                                             93 |