371 Vacancies In High Courts; 178 Proposals Under Process: Union Law Minister

The Central Government recently disclosed that as on July 18, 371 judicial posts are vacant across High Courts, of which 178 appointment proposals are at a processing stage between the Government and the Supreme Court Collegium. 

The recommendations against 193 vacancies are yet to be received from the High Court Collegiums. 

This disclosure came when Member of Rajya Sabha, Vivek T Tankha had raised the following unstarred question for the Ministry of Law and Justice : 

Will the Minister of LAW AND JUSTICE be pleased to state :

(a) the total number of recommendations made by the Supreme Court Collegium for appointments of Judges to the High Courts and the Supreme Court in the last five years, year-wise;

(b) the number of recommendations accepted, rejected and those still pending with Government;

(c) the average time taken by Government to respond to each recommendation and whether any reasons were communicated for delays or rejections; and

(d) whether Government has returned any name multiple times and if so, the details of such cases? 

Replying to which, the Union Minister of Law & Justice on July 24 stated that: 

" As on 18.07.2025, against the sanctioned strength of 1122 Judges, 751 Judges are working and 371 posts of Judges are vacant in various High Courts. Against these vacancies, 178 proposals for appointment of High Court Judges are at various stages of processing between the Government and the Supreme Court Collegium. The recommendations against 193 vacancies are yet to be received from the High Court Collegiums." 

The Minister explained that the appointment of High Court judges is done as per Articles 217 and 224 of the Constitution and as per the procedure set out in "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 initiation of judicial appointments in the Supreme Court is done by the CJI, while for appointments in the High Courts, the initiation is done by the Chief Justice of the concerned High Court, in consultation with two senior-most puisne Judges of the High Court. 

As per the response, the Union Minister states that the time limit for the High Courts to make recommendations is at least 6 months before the occurrence of a vacancy. It is further stated that "this time limit is rarely observed. For appointments to the High Courts, the views of concerned State Government 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."

Stressing that the appointment procedure involves continues consultations between the Judiciary and the Executive, the Union Minister stated : 

"Appointment of Judges 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. Only those persons whose names have been recommended by the SCC are appointed as Judges of the High Courts."

"From 01.01.2020 till 18.07.2025, 35 Judges have been appointed to the Supreme Court and 554 Judges have been appointed to various High Courts. Further, 349 names have been remitted to the High Courts during the same period." 

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