Collegium yet to recommend names on 236 vacant judges post in breach of SC order, Law Minister to Rajya Sabha [Read Answers]

NEW DELHI: Law Minister Kiren Rijiju on Thursday informed the Rajya Sabha that as on January 30, 2023, recommendations in respect of 236 vacancies of judges --- 191 existing and 45 anticipated during next six months --- are yet to be received from High Court Collegiums, which are in breach of six months advance timeline for making recommendation for appointment of judges.

The Minister further said as on January 30, against the sanctioned strength of 1108 judges in various High Courts, 775 judges are working and 333 post of Judges are vacant.

"A total of 142 proposals recommended by the High Court Collegiums are at various stages of processing. Out of these, four proposals are pending with the Supreme Court Collegium and 138 are under various stages of processing in the Government," he said.

In response to a query by MP John Brittas, Rijiju said as on January 31, 2023, there are total 18 proposals on appointment of judges on which reconsideration Supreme Court Collegium has been sought.

"Of these, the Collegium decided to reiterate 06 cases, desired updated inputs in 07 cases from the High Court Collegiums, and decided to remit 05 cases to the High Courts," he informed.

The Minister also said as on January 30, 2023, against the sanctioned strength of 34 judges in Supreme Court, 27 Judges are working, leaving seven vacancies. Supreme Court Collegium (SCC) has recently made seven recommendations to fill up all the vacancies of Judges in the Supreme Court, he said.

The Minister also said as per existing Memorandum of Procedure on appointment of High Court Judges, the proposal is initiated by the Chief Justice of the High Court in consultation with two senior most puisne Judges of the High Court. The views of State Constitutional Authorities on the proposals are also obtained. The Union Minister of Law & Justice consider the recommendations in the light of such other reports as may be available to the government in respect of the names under consideration. The complete material is then forwarded to the Chief Justice of India for his advice. Accordingly, the 
Government sends all proposals received from the High Court Collegiums to the Supreme Court Collegium (SCC) for advice. Government appoints only those persons whose names have been recommended by the SCC as Judges of the Supreme Court and High Courts.

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