122 Proposals From High Court Collegiums Pending At Different Stages Of Processing: Ministry Of Law And Justice

The Ministry of Law and Justice has said that as on 04.12.2023, 122 proposals received from High Court Collegiums for appointment of judges are at different stages of processing.

Law Minister Arjun Ram Meghwal furnished this information in response to queries raised by Rajya Sabha MP Dr.John Brittas, belonging to the Communist Party of India (Marxist) regarding vacancies in courts.

The Union Ministry has said that against the sanctioned strength of 1114 Judges in the High Courts across the country, 790 Judges are working and 324 post of Judges are vacant. However, in the Supreme Court 34 Judges are working and there is no vacancy as of now. 

'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' the Ministry has said.

Out of the 122 proposals, 87 proposals were sent to the Supreme Court Collegium (SCC) for seeking advice against which the SCC has provided advice on 45 proposals which are at various stages of processing in the Government. 42 proposals are under consideration with the SCC. 35 fresh proposals received recently are being processed for seeking the advice of the SCC. Recommendations are yet to be received from High Court Collegiums in respect of the remaining 198 vacancies, the Ministry has said. 

The Ministry has also said that only names recommended by the Collegium are appointed as judges of the Supreme Court and High Courts. 

"Proposals received from Supreme Court Collegium are sent back with the observations by the Government only in cases where some new information regarding the recommendee has been received in the interim or there are certain issue or facts, which require the reconsideration by the SCC. Cases are also sent back to the SCC with the requisite information, where the SCC has sought some additional information or raised a query. This is a continuous and collaborative process. The Government finally return back to the High Courts only those proposals, where the SCC has decided to remit the recommendations. Only those persons are appointed as Judges of the Supreme Court and High Courts whose names have been recommended by the SCC".

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