No Timeline Can Be Set For Filling Up Judicial Vacancies In Constitutional Courts: Law Minister Kiren Rijiju

The Union Law Minister Kiren Rijiju on Thursday while replying to the question put forth by Telugu Desam Party MP Kanakamedala Ravindra Kumar regarding the vacancies of judges in the Andhra Pradesh High Court, said that "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 central levels. Hence, the time for filling up of vacancies of the Judges in the higher Judiciary cannot be indicated".

"As per the existing Memorandum of Procedure for appointment of Judges of High Courts, the Chief Justice of the High Court is required to initiate the proposal for filling up of vacancies of a Judge in a High Court six months prior to the occurrence of vacancies. Government appoints only those persons as Judges of High Courts who are recommended by Supreme Court Collegium," the Law Minister Explained. 

Rijiju further added that 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 an increase in the strength of Judges.

Replying to another question regarding judicial appointments, the Law Minister disclosed that as on 30th January 2023, against the sanctioned strength of 1108 judges in various High Courts, only 775 judges are working and 333 posts of Judges are vacant in the High Courts. Rijiju added that 142 proposals recommended by the High Court Collegiums are at various stages of processing and out of these 142, 4 proposals are pending with the Supreme Court Collegium and 138 are under various stages of processing in the Government.

He further added that "recommendations in respect of 236 vacancies, ie, 191 existing and 45 anticipated vacancies during the next 6 months, are yet to be received from High Court Collegiums, which are in breach of six months’ advance timeline for making recommendation for anticipated vacancies.

He also informed the Rajya Sabha that a total of 18 proposals recommended by the Supreme Court Collegium (SCC) for the appointment of judges have been sent back by the government to the collegium for reconsideration.

Regarding the issue of appointment of High Court Judges, a three-judge Bench of the Supreme Court in an order dated 20.04.2021 had previously laid down additional timelines in respect of the time taken by the Government in processing the proposal for appointment of Judges of High Courts. However, these timelines are not yet a part of the MoP for judicial appointments.