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In response to a query in Parliament, Law Minister Arjun Ram Meghwal provided an update on judicial vacancies, stating that there are currently 2 vacancies in the Supreme Court, 364 in high courts, and 5,245 in district courts.
The Minister explained that the appointment of High Court judges is governed by Articles 217 and 224 of the Constitution of India, involving a continuous and collaborative process between the Executive and the Judiciary. This process requires consultation and approval from various constitutional authorities at both the state and central levels. Meghwal also highlighted that vacancies in High Courts frequently arise due to retirements, resignations, elevations of judges, and changes in the sanctioned strength of judges, despite ongoing efforts to fill these positions promptly, stated the reply by Law Minister The responsibility for filling vacant positions in district and subordinate courts lies with the high courts and the concerned state governments. Under the constitutional framework, the state governments, in consultation with the respective high courts, are tasked with framing the rules and regulations for the appointment and recruitment of judicial officers in the state judicial service, as per the powers conferred by the proviso to Article 309 and Articles 233 and 234 of the Constitution. In its January 2007 ruling in the Malik Mazhar Sultan case, the Supreme Court set forth specific timelines that must be followed by the States and High Courts in the recruitment process for judges in district and subordinate courts. (ANI)
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