Question : Appointment of Judges

a) whether it is a fact that the Government has appointed 34 judges to six high courts in the country;
b) if so, the details thereof;
c) the number of high courts in the country that are functioning without regular chief justices for the past several months;
d) the details thereof and the reasons therefor and the time by which the said post is likely to be filled up; and
e) the number of posts of judges sanctioned and lying vacant in various High Courts in the country, State-wise and the time since when the said posts have been lying vacant along with the reasons therefor?

ANSWER
MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS
(SHRI P.P. CHAUDHARY)

(a) and (b): During 2018 (as on 28.12.2018), 108 judges have been appointed in the High Courts of Jharkhand, Karnataka, Calcutta, Tripura, Madras, Madhya Pradesh, Chhattisgarh, Jammu & Kashmir, Bombay, Delhi, Gujarat, Punjab & Haryana, Kerala, Orissa, Meghalaya, Allahabad, Uttarakhand and Gauhati.
(c) and (d): As on 28.12.2018, all the High Courts are functioning with regular Chief Justice except Gujarat High Court. The initiation of proposal for appointment of a Chief Justice of a High Court vests with the Chief Justice of India. The Government has not received any proposal for appointment of Chief Justice of Gujarat High Court.
(e) A Statement showing the High Court-wise sanctioned strength, working strength and vacancies of Judges as on 28.12.2018 is at Annexure. Filling up of vacancies in the High Court is a continuous and collaborative process between the Executive and Judiciary. It requires consideration and approval from various Constitutional Authorities. Initiation of proposal for appointment of Judges in High Courts vests with the Chief Justice of the concerned High Court. While every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges of High Courts do keep on arising on account of retirement, resignation or elevation of Judges (to Supreme Court) and also due to increase in strength of Judges.
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Annexure

Sl. No. Name of the High Court Approved Strength Working Strength Vacancies
1 Allahabad 160 109 51
2 Telangana & Andhra Pradesh 61 27 34
3 Bombay 94 71 23
4 Calcutta 72 37 35
5 Chhattisgarh 22 15 07
6 Delhi 60 39 21
7 Gauhati 24 19 05
8 Gujarat 52 28 24
9 Himachal Pradesh 13 08 05
10 Jammu & Kashmir 17 09 08
11 Jharkhand 25 19 06
12 Karnataka 62 33 29
13 Kerala 47 38 09
14 Madhya Pradesh 53 35 18
15 Madras 75 61 14
16 Manipur 05 03 02
17 Meghalaya 04 03 01
18 Orissa 27 14 13
19 Patna 53 28 25
20 Punjab& Haryana 85 55 30
21 Rajasthan 50 25 25
22 Sikkim 03 03 0
23 Tripura 04 03 01
24 Uttarakhand 11 09 02
Total 1079 691 388