Executive Summary:
This document addresses Lok Sabha Unstarred Question No. 2097 regarding the elevation and transfer of High Court Judges. As of 29.07.2025, there are 779 Judges working against a sanctioned strength of 1122, leaving 343 vacancies. The response outlines the process for appointment and transfer of judges as per Articles 217 and 224 of the Constitution of India and the Memorandum of Procedure (MoP).
Key Points / Main Content:
High Court Judge Appointments:
- 139 proposals for High Court Judge appointments are at various stages of processing between the Government and the Supreme Court Collegium (SCC).
- Recommendations against 204 vacancies are yet to be received from the High Court Collegiums.
- Appointment of Judges to High Courts is made under Articles 217 and 224 of the Constitution of India and according to the procedure laid down in the Memorandum of Procedure MoP prepared in 1998.
- The Chief Justice of the concerned High Court, in consultation with two senior most puisne Judges of the High Court, initiates proposals for appointment of Judges in the High Courts.
- High Courts are required to make recommendations at least 06 months before a vacancy occurs, but this is rarely observed.
- The views of concerned State Governments are obtained, and other reports are considered.
- Recommendations from the High Court Collegium, State Governments, and the Government of India are forwarded to the SCC for advice.
- Only persons recommended by the SCC are appointed as Judges of the High Courts.
High Court Judge Transfers:
- The Chief Justice of India initiates proposals for the transfer of High Court Judges in consultation with the four senior most puisne Judges of the Supreme Court.
- The Chief Justice of India is expected to consider the views of the Chief Justices of the High Courts involved and one or more Supreme Court judges.
- Personal factors, including preferences of the Judge being transferred, should be considered.
- Transfers are to be made in public interest for better administration of justice.
- No timeline is prescribed in the MoP for the transfer of judges.
Impact Analysis:
High Court Collegiums:
Impact: Responsible for initiating proposals for appointments at least six months before vacancies occur. Currently, recommendations against 204 vacancies are pending.
Action Required: Expedite recommendations for pending vacancies.
State Governments:
Impact: Their views are obtained regarding High Court Judge appointments.
Action Required: Provide timely feedback on proposed appointments.
Supreme Court Collegium (SCC):
Impact: Responsible for providing advice on appointments and transfers.
Action Required: Continue processing recommendations for appointments and transfers.
Chief Justice of India:
Impact: Initiates transfer proposals in consultation with four senior most puisne Judges of the Supreme Court.
Action Required: Initiate transfer proposals and consider views of relevant Chief Justices and personal factors of the judge being transferred.
Government of India (Ministry of Law and Justice):
Impact: Plays a role in processing appointments in collaboration with the Supreme Court Collegium.
Action Required: Continue processing appointment proposals and consider recommendations from various authorities.
Key Entities Referenced
Supreme Court Collegium: A body of judges that recommends appointments and transfers of judges in the higher judiciary.
High Court Judges: Judges serving in the High Courts of India.
SHRI MATHESWARAN V S: A Member of Parliament who raised a question in the Lok Sabha.
Lok Sabha: The lower house of the Parliament of India.
MINISTRY OF LAW AND JUSTICE: The government ministry responsible for legal affairs and justice.
SHRI ARJUN RAM MEGHWAL: Minister of State in the Ministry of Law and Justice; and Minister of State in the Ministry of Parliamentary Affairs.
Constitution of India: The supreme law of India, containing articles 217 and 224 relevant to the appointment of judges.
Memorandum of Procedure (MoP): A document outlining the procedure for appointment and transfer of judges, prepared in 1998 pursuant to Supreme Court judgments.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOK SABHA
UNSTARRED QUESTION NO. 2097
TO BE ANSWERED ON FRIDAY, THE 01ST AUGUST, 2025
Elevation and Transfer of High Court Judges
2097. SHRI MATHESWARAN V S:
Will the Minister of Law and Justice be pleased to state:
(a) the list of names proposed by Supreme Court Collegium for elevation as High
Court Judges pending with the Government for more than one year; and
(b) the list of names proposed by Supreme Court Collegium for transfer of High
Court Judges pending with the Government for more than one year?
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) & (b) : As on 29.07.2025, against the sanctioned strength of 1122 Judges,
779 Judges are working and 343 posts of Judges are vacant in various High
Courts. Against these vacancies, 139 proposals for appointment of High Court
Judges are at various stages of processing between the Government and the
Supreme Court Collegium. The recommendations against 204 vacancies are yet
to be received from the High Court Collegiums.
1Appointment of Judges to High Courts is made under Articles 217 and 224
of the Constitution of India and according to the procedure laid down in the
Memorandum of Procedure (MoP) prepared in 1998 pursuant to the Supreme
Court Judgment of October 6, 1993 (Second Judges case) read with their
Advisory Opinion of October 28, 1998 (Third Judges case). As per the 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 the High Courts vests with
the Chief Justice of the concerned High Court, in consultation with two senior-
most puisne Judges of the High Court. As per the MoP, the High Courts are
required to make recommendations at least 06 months before the occurrence of
a vacancy. However, this time limit is rarely observed. For appointments to the
High Courts, the views of concerned State Government are obtained in
accordance with the MoP. The recommendations also have to be considered in
the light of such other reports as may be available to the Government in respect
of the names under consideration. The recommendations of the High Court
Collegium, the State Governments and the Government of India are then
forwarded to the Supreme Court Collegium (SCC) for advice.
Appointment of Judges in the higher judiciary is a continuous, integrated
and collaborative process between the executive and the judiciary. It requires
consultation and approval from various Constitutional Authorities both at State
and Central level. Only those persons whose names have been recommended by
the SCC are appointed as Judges of the High Courts.
As per the Memorandum of Procedure (MoP) for appointment and transfer
of High Court Judges, the proposal for transfer of High Court Judges is initiated
by the Chief Justice of India in consultation with four senior most puisne Judges
of the Supreme Court. The MoP further provides that the Chief Justice of India
2is also expected to take into account the views of the Chief Justice of High Court
from which the judge is to be transferred, as also the Chief Justice of the High
Court to which the transfer is to be effected, besides taking into account the
views of one or more Supreme Court judges who are in position to offer views.
The personal factors relating to the concerned Judge, including the Chief Justice,
and his response to the proposal, including his preference of places, should
invariably be taken into account by the Chief Justice of India and the first four
puisne Judges of the Supreme Court before arriving at conclusion on the
proposal. All transfers are to be made in public interest i.e. for promoting better
administration of justice throughout the country. No timeline has been
prescribed in the MoP for transfer of judges from one High Court to another.
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