Lok Sabha Question No. 432 (STARRED), answered on 2023-03-31
Subject: Appointment of Judges in Apex Courts
Ministry: LAW AND JUSTICE
Asked by: Ritesh Pandey

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

## LOK SABHA

## STARRED QUESTION NO. *432

## TO BE ANSWERED ON FRIDAY, THE 31.03.2023

## Appointment of Judges in Apex Courts

## *432. SHRI RITESH PANDEY:

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

- (a) whether the Supreme Court recently expressed its opinion over the delay in notifying the names of Judges recommended by the collegium;
- (b) if so, the details thereof indicating the number of collegium proposals pending with the Government as on date and the reasons for the delay along with the number of vacancies in the Supreme Court and High Courts;
- (c) the number of collegium proposals returned by the Government during the last five years and the reasons therefor;
- (d) the details of proposals recommended by High Courts pending with the Supreme Court collegium and the Government along with the reasons therefor, State-wise; and
- (e) whether the Government  proposes  to  reintroduce National Judicial  Appointments Commission with suitable modifications and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE

(SHRI KIREN RIJIJU)

- (a) to (e): A statement is laid on the Table of the House.

## Statement referred to in reply to parts (a) to (e) of Lok Sabha Starred Question No. *432 due for answer on 31.03.2023 regarding 'Appointment of Judges in Apex Courts'

(a)  to  (d):  Supreme  Court  while  hearing  a  court  case  has  expressed  its  opinion  over  delay  in notifying the names of judges recommended by the collegium. 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).  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. Government appoints only those persons as Judges of High Courts who are recommended by Supreme Court Collegium (SCC). As on 27.03.2023, there is no vacancy in the Supreme Court and there is no proposal for appointment of Supreme Court Judge pending with the Government.

As on 27.03.2023 against the sanctioned strength of 1114 judges, 784 Judges are working leaving vacancy of 330 Judges to be filled in the High Courts. As on 27.03.2023, 18 proposals recommended  by  the  SCCfor  appointment  of  High  Courts  Judges  are  pending  with  the Government.

On the advice of SCC, from 01.01.2018 till 27.03.2023, a total of 284 proposals have been remitted by the Government to the High Courts.

As  on  27.03.2023,  against  330  vacancies  of  Judges  in  the  High  Courts,  118proposals recommended  by  the  High  Court  Collegiums  are  at  various  stages  of  processing  and  the recommendations against 212 vacancies are yet to be received from the High Court Collegiums. The High Court-wise detail of proposals received from High Court Collegiums is at Annexure .

(e): No Sir, at present there is no such proposal.

*****

## Details of 118 proposals recommended by the High Courts and pending with GoI and SCC (As on 27.03.2023)

| S. No.   | High Court       | Number of proposals   |
|----------|------------------|-----------------------|
| 1.       | Allahabad        | 14                    |
| 2.       | Andhra Pradesh   | 08                    |
| 3.       | Bombay           | 09                    |
| 4.       | Calcutta         | 03                    |
| 5.       | Chhattisgarh     | 05                    |
| 6.       | Delhi            | 09                    |
| 7.       | Gauhati          | 01                    |
| 8.       | Gujarat          | 07                    |
| 9.       | Himachal Pradesh | 05                    |
| 10.      | J &Kand Ladakh   | -                     |
| 11.      | Jharkhand        | -                     |
| 12.      | Karnataka        | 04                    |
| 13.      | Kerala           | 02                    |
| 14.      | Madhya Pradesh   | 19                    |
| 15.      | Madras           | 10                    |
| 16.      | Manipur          | 01                    |
| 17.      | Meghalaya        | 01                    |
| 18.      | Orissa           | 02                    |
| 19.      | Patna            | 02                    |
| 20.      | Punjab &Haryana  | 01                    |
| 21.      | Rajasthan        | 01                    |
| 22.      | Sikkim           | -                     |
| 23.      | Telangana        | 07                    |
| 24.      | Tripura          | 02                    |
| 25.      | Uttarakhand      | 05                    |
| Total    | Total            | 118                   |