Parliament Question: Appointments in courts

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE RAJYA SABHA UNSTARRED QUESTION NO. 2357 ANSWERED ON-12/03/2026 APPOINTMENTS IN COURTS 2357 DR. JOHN BRITTAS:

Will the Minister of Law and Justice be pleased to state:

(a) the sanctioned strength and vacancies of judges in High Courts and Supreme Court, as on date;

(b) the number of proposals currently pending with Supreme Court collegium or Government;

(c) the vacancies of judges in High Courts which are yet to be recommended by High Court collegiums to Government;

(d) the number of women judges and judges hailing from SC, ST and OBC communities in Supreme Court and High Courts, as on date, State-wise and category-wise; and

(e) the details of current representation of SC, ST and OBCs in the non-judicial staff of Supreme Court and High Courts, as on date, category-wise? 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 (e): As on 06.03.2026, against the sanctioned strength of 34, 33 Judges are working in the Supreme Court of India. In High Courts, against the sanctioned strength of 1122, 810 Judges are working and 312 posts of Judges are vacant in various High Courts. Against these vacancies, 132 proposals for appointment of High Court Judges are at various stages of processing between the Government and the Supreme Court Collegium. The recommendations against 180 vacancies are yet to be received from the High Court Collegiums.

1Appointment of Judges to the Supreme Court and High Courts is made under Articles 124, 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 persons among the Judges of Supreme Court and the High Courts is not centrally available. However, the Government is committed to enhancing Social Diversity and since 2018, the recommendees for the post of High Court Judges are required to provide the details of their social background in the prescribed format (prepared in consultation with the Supreme Court). Based on the information provided by the recommendees, out of 849 High Court Judges appointed since 2018 till 06.03.2026, 33 Judges belong to SC category, 17 belong to ST category and 104 Judges belong to OBC category. As on 06.03.2026, 01 woman Judge is working in the Supreme Court and 114 women Judges are working in various High Courts.

As per the Memorandum of Procedure (MoP), the responsibility for initiation of proposals for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while the responsibility for initiation of proposals for appointment of Judges in 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.

Article 146(1) of the Constitution of India provides that “Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct. Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission”.

Also, the staff of the High Courts are to be appointed as per Rules made by the High Courts in accordance with the powers conferred by Article 229(2) of the Constitution, which provides that “the conditions of service of officers and servants of a High Court shall be such 2as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose”.

The information regarding non-judicial staff in the Supreme Court and High Courts is not centrally maintained. *** 3