Today, On 29th November, The Law Minister informed Parliament about the current judicial vacancies, revealing that there are two vacancies in the Supreme Court, 364 in High Courts, and 5,245 in district courts. The update highlights the significant shortage of judges across the country’s judicial system. Efforts to fill these vacancies are crucial to addressing delays in justice delivery.
In response to a parliamentary inquiry, Law Minister Arjun Ram Meghwal provided an update on judicial vacancies, indicating that there are currently 2 vacancies in the Supreme Court, 364 in high courts, and 5,245 in district courts.
He explained that the appointment of High Court judges is governed by Articles 217 and 224 of the Constitution of India, which involves a continuous and collaborative process between the Executive and the Judiciary, requiring consultation and approval from various constitutional authorities at both the state and central levels.
Article 217 and Article 224 of the Constitution of India pertain to the appointment and functioning of judges in High Courts and their temporary appointments.
Article 217: Appointment and Conditions of Service of Judges of High Courts
- Appointment: This article deals with the appointment of judges to the High Courts. Judges are appointed by the President of India, based on recommendations made by the Chief Justice of India and other senior judges.
- Qualifications: The article specifies that a person must have at least five years of experience as an advocate in a High Court or must have held judicial office in India for at least ten years to be eligible for appointment as a High Court judge.
- Tenure and Removal: Once appointed, High Court judges serve until the age of 62, and they can only be removed by the President following an impeachment process as outlined in the Constitution.
Article 224: Appointment of Additional and Acting Judges in High Courts
- Temporary Appointments: Article 224 allows the President to appoint additional or acting judges to High Courts when there is a vacancy or temporary need for more judges due to a heavy caseload.
- Tenure of Acting Judges: An acting judge can be appointed for a period not exceeding two years. Their appointment is often made when the regular judges are unavailable due to various reasons such as illness or during the process of filling vacancies.
These provisions ensure the functioning and efficiency of the judiciary by providing for the appointment of qualified judges and addressing any temporary shortages in the system.
Meghwal noted that vacancies in High Courts often occur due to retirements, resignations, elevations of judges, and changes in the sanctioned strength of judges. Despite ongoing efforts to promptly fill these positions, challenges remain. He clarified that the responsibility for filling vacant positions in district and subordinate courts lies with the high courts and the respective state governments.
Under the constitutional framework, state governments, in consultation with the high courts, are responsible for establishing the rules and regulations for the appointment and recruitment of judicial officers in the state judicial service, as outlined by the proviso to Article 309 and Articles 233 and 234 of the Constitution.
Additionally, in its January 2007 ruling in the Malik Mazhar Sultan case, the Supreme Court established specific timelines that must be adhered to by the states and high courts in the recruitment process for judges in district and subordinate courts.