The Ministry of Law and Justice stated that as on December 04, 2023, the 122 proposals received from High Court Collegiums for appointment of judges are at different stages of processing.
The said information is furnished by the Law Minister Arjun Ram Meghwal in response to the queries raised by Rajya Sabha MP Dr. John Brittas, which belongs to the Communist Party of India (Marxist) regarding vacancies in courts.
It has been stated by the Union Ministry that against the sanctioned strength of 1114 Judges in the High Courts across the country, 790 Judges are working and 324 posts of Judges are vacant.
However, in the Supreme Court 34 Judges are working and there is no vacancy as of now.
It has also been stated that the appointment of the Judges of the Constitutional Courts is a continuous, integrated, and collaborative process between the Executive and the Judiciary. Thus, it requires the consultation and approval from various constitutional authorities both at state and central level.
The court stated that out of 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 and 42 proposals are under consideration with the Supreme Court Collegium, SCC. Thus, 35 fresh proposals received recently are being processed for seeking the advice of the Supreme Court Collegium, SCC. The recommendations are yet to be received from High Court Collegiums in respect of the remaining 198 vacancies, the Ministry has said.
It has been stated by the Ministry of Law and Justice that only names recommended by the Collegium are appointed as judges of the Supreme Court and High Courts.
The court observed that the proposals received from the Supreme Court Collegium, SCC are sent back with the observations by the Government only in cases where some new information with regards to the recommendee has been received in the interim or there are certain issue or facts, which require the reconsideration by the Supreme Court Collegium, SCC.
Therefore, the court stated that the cases are also sent back to the SCC with the requisite information, where the SCC has sought some additional information or raised a query. As this being the continuous and collaborative process. Thus, the Government finally return to the High Courts only those proposals, where the SCC has decided to remit the recommendation and only these persons are appointed as Judges of the Supreme Court and High Courts whose names have been recommended by the Supreme Court Collegium, SCC.