Home India Ministry of Law and Justice Parliament Question: Appointment of Judges in Courts...
Date: 2025-08-08 Category: Not Applicable State: Union Government Country: India

Parliament Question: Appointment of Judges in Courts

Issued by Ministry of Law and Justice · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document presents the Indian government's response to questions regarding the appointment of judges in various courts, specifically concerning the representation of different categories (General, OBC, SC, ST). It outlines the constitutional provisions and procedures governing these appointments, and provides data on the social background of judges appointed since 2018. The data presented includes the working strength of judicial officers from various categories in District and Subordinate Courts as of August 4, 2025. Key Points / Main Content: Appointment of High Court Judges: * Appointments are made under Articles 217 and 224 of the Constitution, which do not provide for caste-based reservation. * Category-wise data for High Court judges is not centrally maintained, but social background information has been collected since 2018. * From 2018 to July 28, 2025, 753 judges were appointed, including 24 from SC, 17 from ST, 93 from OBC, and 42 from minority categories. * The Chief Justice of the concerned High Court initiates proposals for appointments. * The government is committed to enhancing social diversity and requests High Courts to consider suitable candidates from SC, ST, OBC, Minorities and Women. * Only candidates recommended by the Supreme Court Collegium are appointed. Appointment of District and Subordinate Court Judicial Officers: * Administrative control rests with the High Courts, as per Article 235 of the Constitution. * State Governments, in consultation with High Courts, frame rules regarding appointment, promotion, reservations, and retirement, under Article 309 read with Articles 233 and 234. * Details of these appointments are not centrally maintained. * Working strength of judicial officers as of August 4, 2025, is provided in the annexure. Impact Analysis: Chief Justices of High Courts: * Impact: Expected to initiate proposals for High Court judge appointments, giving due consideration to candidates from underrepresented social groups. * Action Required: Consider suitable candidates from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and Women when sending proposals for judge appointments. State Governments: * Impact: Responsible for framing rules and regulations regarding the appointment, promotion, and reservation of judicial officers in District and Subordinate Courts, in consultation with the High Court. * Action Required: Frame rules and regulations, in consultation with the High Court, regarding the appointment, promotion, reservations and retirement of Judicial Officers in the State Judicial Service. Supreme Court Collegium: * Impact: Their recommendations are essential for the appointment of judges to the Supreme Court and High Courts. * Action Required: Continue to evaluate candidates and make recommendations for judicial appointments. Candidates for Judicial Positions: * Impact: Those from Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities, and Women may receive greater consideration for High Court appointments. * Action Required: Ensure to provide details regarding their social background in the prescribed format. Department of Justice: * Impact: Collects and manages data related to the social background of appointed judges and the working strength of judicial officers. * Action Required: Maintain and update the Management Information System (MIS) portal with current data on judicial officers.

Key Entities Referenced

Constitution of India: The supreme law of India, referenced in the context of Articles 217, 224, 235, 309, 233, and 234 concerning the appointment and administration of judges. High Court: A superior court in India, central to the discussion on appointment of judges, social diversity in judiciary, and administrative control. Supreme Court: The highest judicial body in India, involved in the appointment of judges to the Supreme Court and High Courts through its Collegium. Scheduled Castes: A historically disadvantaged group in India, whose representation in the judiciary is a matter of policy discussion. Scheduled Tribes: An indigenous group in India, whose representation in the judiciary is a matter of policy discussion. Other Backward Classes: A group of historically disadvantaged castes in India, whose representation in the judiciary is a matter of policy discussion. District Courts: The court at the district level in India. The appointment and administration of judicial officers are discussed. Ministry of Law and Justice: The Indian government ministry responsible for legal affairs, including the appointment of judges.
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GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO. 3417 TO BE ANSWERED ON FRIDAY, THE 08th AUGUST, 2025 Appointment of Judges in Courts †3417. SHRI BRIJENDRA SINGH OLA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the details of Judges in High Court, Subordinate Courts, District Courts belonging to General category, Other Backward Classes, Scheduled Castes and Scheduled Tribe Categories, State-wise and Category-wise; (b) the details of the appointment of Judicial Officers from General Category, OBC, Scheduled Castes and Scheduled Tribe Category during the last ten years, State- wise, Category-wise and Year-wise; (c) whether rules/guidelines are being followed to ensure the representation of all the categories in the appointment of judges in the High Court; and (d) if so, the details thereof and if not, the reasons therefor? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL) (a) to (d): Appointment of Judges to High Courts is made under Articles 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class of persons. Therefore, category-wise data pertaining to representation of any caste or class of [1]persons among the Judges of the High Courts is not centrally available. Since 2018, the recommendees for the post of High Court Judges are required to provide details regarding their social background in the prescribed format (prepared in consultation with the Supreme Court). As per the information provided by the recommendees, out of 753 Judges appointed from 2018 till 28.07.2025, 24 belong to SC category, 17 belong to ST category, 93 belong to OBC category and 42 belong to the minority category. As per the Memorandum of Procedure (MoP), the responsibility for initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court. However, the Government is committed to enhancing social diversity in judiciary and has been requesting the Chief Justices of High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the appointment of Judges in High Courts. Only those persons who are recommended by the Supreme Court Collegium, are appointed as Judges of the Supreme Court and High Courts. As far as appointment of judicial officers in District and Subordinate Courts is concerned, under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vests with the concerned High Court. In exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Governments, in consultation with the High Court, frame the Rules and Regulations regarding the issue of appointment, promotion, reservations and retirement of Judicial Officers in the State Judicial Service. The details of the appointments of Judicial Officers are not centrally maintained. As per information available on the MIS (Management Information System) portal of the Department of Justice, the working strength of Judicial Officers from various categories in District Courts as on 04.08.2025 is at Annexure. **** [2]ANNEXURE Working strength of SC/ST/OBC/Other Judicial Officers in District and Subordinate Courts as on 04.08.2025 Civil Judge(Junior Division) Civil Judge(Senior Division) District Judge/DJ Sl. No. States & UTs SC ST OBC OTHERS SC ST OBC OTHERS SC ST OBC OTHERS 1 Andaman and Nicobar 0 0 0 4 0 0 0 3 0 0 0 5 2 Andhra Pradesh 52 19 122 83 19 10 46 63 36 5 58 61 3 Arunachal Pradesh 0 13 0 0 0 15 0 0 0 10 1 0 4 Assam 16 23 0 166 12 21 0 106 6 7 0 104 5 Bihar 134 5 301 296 66 5 105 139 53 4 75 496 6 Chandigarh 9 0 2 7 0 0 1 1 1 0 1 8 7 Chhattisgarh 26 57 27 54 17 45 26 44 30 26 37 76 8 D da & m N an H aa nv de l Di a iun d 0 0 1 1 0 0 1 2 0 0 1 0 9 Delhi 35 20 0 224 22 2 0 97 10 1 0 377 10 Goa 0 2 0 17 0 0 1 11 0 0 1 8 11 Gujarat 59 1 34 347 50 4 151 277 8 0 33 221 12 Haryana 42 0 57 206 41 0 18 73 21 0 21 182 13 Himachal Pradesh 8 2 6 47 8 4 6 30 6 1 1 41 14 Jammu and Kashmir 13 11 3 83 6 7 1 66 9 5 2 66 15 Jharkhand 15 31 16 80 0 0 0 154 0 0 0 205 16 Karnataka 77 19 273 26 90 20 262 34 67 9 207 83 17 Kerala 22 3 121 119 11 1 48 33 10 1 125 85 18 Ladakh 1 2 0 1 0 4 0 0 0 1 1 0 19 Lakshadweep 1 0 0 0 0 1 1 0 0 0 1 0 20 Madhya Pradesh 101 29 114 218 81 114 81 232 84 91 114 410 21 Maharashtra 140 2 266 512 43 3 128 336 44 2 106 358 22 Manipur 0 6 3 9 0 4 2 7 0 4 0 14 23 Meghalaya 0 15 0 0 0 21 0 0 0 18 0 3 24 Mizoram 0 13 0 0 0 17 0 0 0 15 0 0 25 Nagaland 0 0 0 7 0 0 0 5 0 0 0 12 26 Odisha 30 4 68 247 0 0 5 264 0 0 0 217 27 Puducherry 3 0 12 0 0 0 4 1 0 0 4 2 28 Punjab 100 0 53 212 50 0 25 63 37 0 22 154 29 Rajasthan 99 69 129 277 60 52 87 181 58 24 92 378 30 Sikkim 0 1 3 0 0 2 3 0 0 5 9 0 31 Tamil Nadu 140 9 443 7 72 5 259 5 42 1 239 18 32 Telangana 38 20 96 64 15 7 48 22 15 13 55 52 33 Tripura 4 4 0 22 5 10 0 24 5 6 0 26 34 Uttar Pradesh 214 17 309 354 134 15 189 238 191 7 360 647 35 Uttarakhand 16 3 13 59 12 4 15 52 18 5 9 64 36 West Bengal 0 0 0 350 0 0 0 243 0 0 0 270 TOTAL 1,395 400 2,472 4,099 814 393 1,513 2,806 751 261 1,575 4,643 Source: MIS Portal of Department of Justice. 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