Lok Sabha Question No. 330 (UNSTARRED), answered on 2023-02-03
Subject: Guidelines for Appointment of Judges in High Courts
Ministry: LAW AND JUSTICE
Asked by: Vijayakumar (alias) Vijay Vasanth

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

## LOK SABHA

## UNSTARRED QUESTION NO. 330

## ANSWERED ON 03/02/2023

## Guidelines for Appointment of Judges in High Courts

## 330. SHRI VIJAYAKUMAR ALIAS VIJAY VASANTH:

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

- (a) the details of memorandum or guideline for appointing Judges and Chief Justice of High Courts;
- (b) the details of recommendations for appointment of Judges pending before the Government alongwith the details of vacancies expected to arise due to retirement and elevation of judges to Higher Courts, State-wise; and
- (c) 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):  Appointment  of  Judges  in  various  High  Courts  is  governed  by  Article  217  of  the Constitution of  India  along  with  the  Manual  of  Procedure  governing  the  appointment  of  High Court  Judges.  As  per  existing  Memorandum  of  Procedure  the  initiation  of  proposal  for appointment as Chief Justice of a High Court is done by the Chief Justice of India in consultation with the Supreme Court Collegium (SCC) consisting of two senior-most puisne judges of the Supreme Court. After receiving the proposal from the SCC, the views of the State Government are obtained. Upon receiving the approval from the Constitutional Authorities, appointment of Chief Justice of High Court is notified.

The initiation  of  proposal  for  appointment  of  High  Court  Judges  is  done  by  the  Chief Justice of the High Court in consultation with the High Court Collegium (HCC) consisting of two senior most Judges of the High Court. The views of State Constitutional Authorities on the proposals are also obtained. The Union Minister of Law & Justice considers the recommendations in the light of such other reports as may be available to the Government in respect of the names under consideration. The complete material is then forwarded to the Chief Justice  of  India  for  his  advice.  Upon  receiving  the  advice  of  Supreme  Court  Collegium  and approval  from the Constitutional Authorities, appointment of Judge of  High Court is notified. Only those recommended by the SCC are appointed as Judges in the High Courts.

(b) & (c): As on 01.02.2023, 142 proposals recommended by the High Court Collegiums are at various stages of processing with the Government. Out of these 142 proposals, 4 proposals are pending  with  the  Supreme  Court  Collegium  and  138  proposals  are  under  different  stages  of processing. A  statement  showing  State-wise  details  of  vacancies  expected  to  arise  due  to retirement of Supreme Court & High Court Judges in 2023 is placed at Annexure .

Appointment of the Judges of the Constitutional 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. While every effort is made to fill up the existing vacancies expeditiously, vacancies of judges do keep on arising on account of retirement, resignation or elevation of Judges and also due to increase in strength of Judges.

***

Statement  referred  to  in  part  (b)  &  (c)  of  the  Lok  Sabha  Unstarred  Question  No.  330 regarding  'Guidelines  for  Appointment  of  Judges  in  High  Courts',  showing  Court-wise details of vacancies arising due to Judges retiring in 2023.

| Sl. No.   | No. of Judges retiring in 2023   | No. of Judges retiring in 2023   |
|-----------|----------------------------------|----------------------------------|
| A.        | Supreme Court of India           | 8                                |
| B.        | High Court                       | High Court                       |
| 1.        | Allahabad                        | 9                                |
| 2.        | Andhra Pradesh                   | 3                                |
| 3.        | Bombay                           | 2                                |
| 4.        | Calcutta                         | 4                                |
| 5.        | Chhattisgarh                     | 1                                |
| 6.        | Delhi                            | 6                                |
| 7.        | Gauhati                          | 3                                |
| 8.        | Gujarat                          | 2                                |
| 9.        | Himachal Pradesh                 | 1                                |
| 10.       | J&K &Ladakh                      | 1                                |
| 11.       | Jharkhand                        | -                                |
| 12.       | Karnataka                        | 2                                |
| 13.       | Kerala                           | 4                                |
| 14.       | Madhya Pradesh                   | 7                                |
| 15.       | Madras                           | 2                                |
| 16.       | Manipur                          | -                                |
| 17.       | Meghalaya                        | 1                                |
| 18.       | Orissa                           | 4                                |
| 19.       | Patna                            | 2                                |
| 20.       | Punjab &Haryana                  | 9                                |
| 21.       | Rajasthan                        | 3                                |
| 22.       | Sikkim                           | -                                |
| 23.       | Telangana                        | 3                                |
| 24.       | Tripura                          | -                                |
| 25.       | Uttarakhand                      | 3                                |
| Total     | Total                            | 80                               |