New Delhi: During the ongoing session of Parliament, Arjun Ram Meghwal, the Minister of State (Independent Charge) of the Ministry of Law and Justice, provided detailed information regarding vacancies in the judiciary. In response to a query in the Rajya Sabha, the Minister informed that 20 judge positions remain vacant in the Gujarat High Court, while 535 vacancies exist in district and subordinate courts across the state.

The reply of the Minister states: The detailed statement of vacant posts in the various courts of the country i.e. Supreme Court and High Courts (including Assam) is at Annexure-I and the District and Subordinate Courts in the country, State/UT-wise (including Assam) is at Annexure-II.

Appointment of Judges of the High Courts is made under Articles 217 and 224 of the Constitution of India, which 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 Centre level. 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 increase in the strength of Judges.

Filling up of vacant positions in the case of District and Subordinate courts is the responsibility of the High Courts and State Governments concerned. As per the Constitutional framework, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court frames the rules and regulations regarding the appointment and recruitment of Judicial Officers in the respective State Judicial Service. The Hon’ble Supreme Court vide order passed in January 2007 in the Malik Mazhar Sultan case, has inter-alia, stipulated certain timelines, which are to be followed by the States and the respective High Courts for the recruitment process of judges in the District and subordinate courts.

Annexure-I STATEMENT REFERRED TO IN REPLY TO PART (A) & (B) OF RAJYA SABHA UNSTARRED QUESTION NO. 456 FOR ANSWER ON 28.11.2024 REGARDING ‘SHORTAGE OF JUDGES’.

Vacant Positions of Judges in the Supreme Court of India and the High Courts as on 21.11.2024

Annexure-II STATEMENT REFERRED TO IN REPLY TO PART (A) & (B) OF RAJYA SABHA UNSTARRED QUESTION NO. 456 FOR ANSWER ON 28.11.2024 REGARDING ‘SHORTAGE OF JUDGES’.

Vacant Positions of Judicial Officers in District & Subordinate Court as on 21.11.2024

Source: – MIS portal of Department of Justice.

*Combined vacancy of UT Andaman & Nicobar Island and State of WB as shown against State of West Bengal