Law Minister Arjun Ram Meghwal highlighted a significant delay in filling nearly 39% of high court vacancies in India, with 357 judges’ positions vacant as of July 19. The government has only received 219 recommendations from high court collegiums for appointments.
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NEW DELHI: Law Minister Arjun Ram Meghwal highlighted the significant delay in filling nearly 39% of the existing vacancies in various high courts across India. In response to an inquiry about the government’s efforts to address the extensive vacancies in constitutional courts, Meghwal provided a comprehensive overview of the current situation.
According to Meghwal, as of July 19, a total of 357 judges’ positions were vacant across 23 high courts. However, the government has only received 219 recommendations from various high court collegiums for appointments.
“No recommendations have been made by the collegiums for at least 138 of the remaining vacant positions.”
-the minister stated.
The process for appointing judges to high courts is guided by a memorandum of understanding, which stipulates that recommendations for the elevation of eligible advocates must first be made by the concerned high court collegium to the government. These recommendations are then vetted by the Intelligence Bureau before being forwarded to the Supreme Court collegium (SCC) for approval. Once the SCC endorses a name, the government is obliged to appoint them as judges.
“Out of these 219 proposals, 90 were sent to the Supreme Court Collegium (SCC) for advice, and the SCC has provided advice on 82 of these, which are currently at various stages of processing.”
-Meghwal informed Parliament.
This means that the advice on the remaining eight proposals is still pending.
For the remaining 129 proposals received from high court collegiums, the government is currently engaged in the vetting and processing stages before seeking the SCC’s advice. Besides these pending recommendations, the minister also mentioned that five proposals for the transfer of judges are under the government’s consideration.
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A critical aspect of the appointment process is the timely initiation of proposals by the high courts.
“The Chief Justice of a High Court is required to initiate the proposal to fill a vacancy for a High Court Judge six months prior to the vacancy occurring. However, high courts often do not adhere to this timeline.”
– the minister emphasized.
This delay contributes significantly to the backlog and extended vacancies in the judiciary.
The law minister’s statement underscores the complexities and bureaucratic delays inherent in the judicial appointment process in India. The failure of high court collegiums to adhere to the stipulated timeline further exacerbates the issue, leaving many positions unfilled and impacting the efficiency of the judicial system.
Addressing this challenge requires a concerted effort from all stakeholders involved. The government, high court collegiums, and the Supreme Court collegium must work in sync to ensure that the process is expedited and the vacancies are filled promptly. The ongoing delays not only strain the judicial system but also affect the delivery of justice to the public.
