Lok Sabha Question No. 1362 (UNSTARRED), answered on 2026-02-06
Subject: Filling the Vacant Posts in Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Amra Ram

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

LOK SABHA UNSTARRED QUESTION NO. 1362

## TO BE ANSWERED ON FRIDAY, THE 06 th  FEBRUARY, 2026

## FILLING THE VACANT POSTS IN COURTS

## 1362. Shri Amra Ram:

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

- (a) the number of sanctioned and vacant posts from the subordinate courts level to the Supreme Court level;
- (b) the reasons for not filling the vacant posts on time and the proposal to resolve the same;
- (c)  whether  the  department  proposes  to  recruit  High  Court  and  Supreme  Court  judges  either through UPSC or a Tribunal; and
- (d) if so, the timeline by which it would be completed, and if not, the reasons therefor?

## 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 details of number of sanctioned and vacant posts from the subordinate courts level to the Supreme Court level, is as below:

| Name of Court                                     | Sanctioned Strength   | Working Strength   | Vacancy   |
|---------------------------------------------------|-----------------------|--------------------|-----------|
| Supreme Court (as on 19.01.2026)                  | 34                    | 33                 | 01        |
| High Court (as on 19.01.2026)                     | 1122                  | 816                | 306       |
| District and Subordinate Court (as on 05.02.2026) | 25,894                | 21,046             | 4,848     |

Appointment of Judges of the Supreme Court and High Courts is made 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 MoP, the responsibility for initiation of proposals for appointment of Judges in the Supreme  Court  vests  with  the  Chief  Justice  of  India,  while  the  responsibility  for  initiation  of proposals  for  appointment  of  Judges  in  the  High  Courts  vests  with  the  Chief  Justice  of  the concerned High Court, in consultation with two senior-most puisne Judges of the High Court.

Filling  up  of  the  vacancy  in  the  higher  Judiciary  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 which are obtained in accordance with the MoP. The recommendations also have to be considered in the light of such other reports as may  be  available to the Government  in  respect  of  the  names  under  consideration.  The recommendations of the High Court Collegium, the State Governments  and the Government of India are then forwarded to the Supreme Court Collegium (SCC) for advice. Only those persons whose names have been recommended by the SCC are appointed as Judges of the High Courts.

Further, filling up of vacant positions of the judicial officers in District and Subordinate courts is the responsibility of the High Courts and State Governments concerned. As per the Constitutional framework, in exercise of powers conferred under the proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government, in consultation with the High Court,  frames  the  rules  and  regulations  regarding  the  appointment  and  recruitment  of  Judicial Officers.    The  Hon'ble  Supreme Court vide order passed in January 2007 in the Malik Mazhar Sultan case, has inter-alia stipulated certain timelines, which are to be followed by the States and the respective High Courts for recruitment of judges in District and Subordinate Courts.

*******