Lok Sabha Question No. 803 (UNSTARRED), answered on 2024-07-26
Subject: Delay in Appointment of High Court Judges
Ministry: LAW AND JUSTICE
Asked by: Smt. Kanimozhi Karunanidhi

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

## LOK SABHA

## UNSTARRED QUESTION NO. 803

## TO BE ANSWERED ON FRIDAY, THE 26.07.2024

## Delay in Appointment of High Court Judges

## 803.  SMT. KANIMOZHI KARUNANIDHI:

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

- (a) the  number  of  recommendations  for  appointing  high  court  judges pending for approval ofthe Government and the reasons for the delay in providing approval;
- (b) the  number  of  recommendations  of  SC/ST/OBC  candidates  pending with the Government for approval of their appointment as High Court judges;
- (c) whether the Government has withheld approval for certain recommended candidatesowing to their social media posts; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a) to (d): The Judges of High Courts are appointed under Article 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  on  date,  205 proposals  recommended  by  High  Court  Collegiums  are  at  various  stages  of processing.

2. Appointment of Judges to the Supreme Court and High Courts is made under Articles  124,  217  and  224  of  the  Constitution  of  India,  which  do  not provide for reservation for any caste or  class of persons. Therefore, categorywise data pertaining to representation of SCs, STs and OBCs among the Judges of High  Courts  are  not  centrally  maintained.  However,  since  2018,  the recommendees for the post of High Court Judges are required to provide details regarding their social background  in  the prescribed format (prepared in consultation with the Supreme Court). Hence, since 2018 the data on appointees to that extent is available. Out of 661 High Court Judges appointed since 2018, 21 belong to SC category, 12 belong to ST category, 78 belong to OBC category and 499 belong to General category (till 22.07.2024). Further, the Government has  been  requesting  the  Chief  Justices  of  High  Courts  that  while  sending proposals  for  appointment  of  Judges,  due  consideration  be  given  to  suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the appointment of Judges in High Courts.
3. Based  on  the  information  provided  by  the  recommendees  to  the  High Courts in the prescribed format, the number of recommendations in respect of SC, ST, OBC and Backward Community candidates, which are under process are as follows:

|   Sl. No. | Category (SC/ST/OBC)   |   Number of recommendees |
|-----------|------------------------|--------------------------|
|         1 | SC                     |                       08 |
|         2 | ST                     |                       03 |
|         3 | OBC                    |                       25 |
|         4 | BC                     |                       02 |

4. The Supreme Court in its Judgment dated 06.10.1993 in Supreme Court Advocate  on  Record  Vs.  Union  of  India  (Second  Judges  Case)  inter-alia, observed that merit selection is the dominant method for judicial selections and the  candidates  to  be  selected  must  possess  high  integrity,  honesty,  skill,  high order  of  emotional  stability,  firmness,  serenity,  legal  soundness,  ability  and endurance. Besides the above, the hallmarks of the most important personalqualifications required are moral vigour, ethical firmness and imperviousness to corrupting or venal influences, humility and lack of affiliations, judicial temperament, zeal and capacity to work.

5. The Supreme Court Collegium (SCC) has inter-alia opined that expression of views  by  a candidate  does not disentitle him  to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity. The Government, as an important stakeholder in the process of appointment of Judges in the High Courts and as laid down in the Memorandum of Procedure on appointment of High Court Judges provides inputs  which  mainly  contain  information  on  the  suitability,  competence  and integrity of the candidates under consideration for appointment  to high constitutional post in the judiciary. The recommendations along with inputs are then  submitted  to  theSCC  for  advice.  It  may  be  mentioned  that  only  those persons, who are recommended by the SCC, are appointed.

6. 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.

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