Lok Sabha Question No. 2663 (UNSTARRED), answered on 2023-08-04
Subject: Vacancy in Telangana High Court
Ministry: LAW AND JUSTICE
Asked by: Venkatesh Netha Borlakunta, Gaddam Ranjith Reddy

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

## LOK SABHA

## UNSTARRED QUESTION NO. 2663

## TO BE ANSWERED ON FRIDAY, THE 04.08.2023

## Vacancy in Telangana High Court

## 2663. SHRI VENKATESH NETHA BORLAKUNTA: DR. G. RANJITH REDDY:

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

- (a) whether it is true that there are 11 vacancies of judges in High Court of Telangana and if so, the details thereof;
- (b) the details of vacancies of Additional Judges in Telangana High Court;
- (c) the time since when they are lying vacant;
- (d) the steps taken by the Government to fill the vacancies;
- (e) whether there have been demands to increase the number of courts and judges of Telangana High Court; and
- (f) if so, the steps taken by the Government in this regard so far?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

(a)  to  (f):  There  are  30  Judges  [25  Permanent  and  05  Additional]  working  in  the  Telangana High Court against the sanctioned strength of 42, leaving 12 vacancies [07 Permanent and 05 Additional] as on 31.07.2023.  At present, 04 proposals of the Telangana High Court are at various  stages  of  processing  between  the  Government  and  the  Supreme  Court  Collegium. Further recommendations from High Court Collegium are yet to be received in respect of the remaining    08 vacancies in the Telangana High Court. The oldest vacancy of Judge in the Telangana High Court dates back to 03.05.2022.

Judges of various 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

: 2 :

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 MoP, initiation of proposal for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court. Chief Justice of the High Court is required to initiate the proposal to fill up  the  vacancy  of  a  High  Court  Judge  six  months  prior  to  the  occurrence  of  vacancy. Government appoints only those persons as Judges of High Courts who are recommended by Supreme Court Collegium (SCC).

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.

Additional Benches of High Courts in places other than Principal Seat of High Courts are  established  in  accordance  with  the  recommendations  made  by  the  Jaswant  Singh Commission and judgment pronounced by the Apex Court in W.P.(C) No. 379 of 2000 after due  consideration  of  a  complete  proposal  from  the  State  Government  which  has  to  provide necessary expenditure & infrastructural facilities and the recommendation of the Chief Justice of the concerned High Court who is required to look after the day-to-day administration of the High  Court.  The  complete  proposal  should  also  have  the  consent  of  the  Governor  of  the concerned State.

Requests  for  establishment  of  High  Court  Benches  have  been  received  from  various organizations from time to time. However, at present, no complete proposal regarding setting up of a Bench(es) of the Telangana High Court is pending with the Government.

In  the  Joint  Conference  of  Chief  Justices  and  Chief  Ministers  held  on  07.04.2013,  a decision was taken to increase the number of Judges of the High Courts by 25%. Accordingly, the Judge Strength of the High Court for the State of Telangana was enhanced from 24 to 42 on 09 th June 2021.

***