Lok Sabha Question No. 783 (UNSTARRED), answered on 2024-11-29
Subject: Benches of High Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Amra Ram, Shri Shafi Parambil

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

## LOK SABHA

## UNSTARRED QUESTION NO. †783

## TO BE ANSWERED ON FRIDAY, THE 29.11.2024

## Benches of High Courts

## †783. Shri Amra Ram: Shri Shafi Parambil:

Will the Minister of Law and Justice be pleased to state:

- (a) whether the Government proposes to set up a High Court bench in Udaipur district of Rajasthan and a bench of High Court in Thiruvananthapuram district of Kerala;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) the number of vacancies in the Supreme Court and High Courts indicating the date from which these above posts are lying vacant and the  timeframe by which the said posts are likely to be filled up; and
- (d)  the  name  of  the  judges  against  whom  the  court  has  received  complaints during the last two years and outcome 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) &  (b):  High  Court  Benches  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  and  after  due consideration of a complete proposal from the State Government consenting to

provide  necessary  expenditure  and  infrastructural  facilities  along  with  the consent  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 proposal should also have the consent of the Governor of the concerned State.

At present, there is no proposal pending with the Government to establish benches  of  Rajasthan  High  Court  at  Udaipur  and  Kerala  High  Court  at Thiruvananthapuram.

(c) : As  on  25.11.2024,  against  the  sanctioned  strength  of  34  Judges  in  the Supreme  Court,  32  Judges  are  working,leaving  02  vacancies.  In  the  High Courts,  against  the  sanctioned  strength  of  1122  Judges,  757  are  working  and 365  posts  are  vacant.  Judges  of  the  Supreme  Court  and  High  Courts  are appointed  under  Articles  124,  217  and  224  of  the  Constitution  of  India  and according to 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  per  the  existing  Memorandum  of  Procedure  for appointment of High Court Judges, the proposal is initiated by the Chief Justice of  the  High  Court  in  consultation  with  two  senior-most  puisne  Judges  of  the High Court. The views of State Constitutional Authorities on the proposals are also obtained. The recommendations are further considered in the light of such other reports as may be available to the Government in respect of names under consideration. The complete material is then forwarded to the Chief Justice of India for his advice. Only those persons are appointed as Judges of the Supreme Court and High Courts whose names have been recommended by the SCC.

Filling up of vacancies in the 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. Hence, the time needed for filling up of vacancies of the Judges in the higher Judiciary cannot be indicated. 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.

(d): The Supreme Court of India, in its full Court meeting on 7th May, 1997, adopted  two  Resolutions  namely  (i)  'The  Restatement  of  Values  of  Judicial Life" which lays down certain judicial standards and principles to be observed and followed by the Judges of the Supreme Court and High Courts, and (ii) "inhouse procedure' for taking suitable remedial action against judges who do not follow universally accepted values of Judicial life including those included in the Restatement of Values of Judicial life.

As per the established "In-house procedure' for the Higher Judiciary, the Chief Justice of India is competent to receive complaints against the conduct of Judges  of  the  Supreme  Court  and  the  Chief  Justices  of  the  High  Courts. Similarly,  the  Chief  Justices  of  the  High  Courts  are  competent  to  receive complaints against the conduct of High Court Judges. In view of independence of  the  Judiciary  in  the  Constitution  of  India,  the  complaints/representations received by the Government are also forwarded to the Chief Justice of India or to  the  Chief  Justice  of  the  concerned  High  Court,  as  the  case  may  be,  for appropriate action.