Delay in Appointment of Judges in High Courts
UPSC / SSC current affairs note · Polity
Why in news
The Union Law Minister informed Rajya Sabha about the significant number of vacancies in High Courts as of July 1, 2026. Out of 1,222 sanctioned posts, 355 are vacant, highlighting persistent delays in judicial appointments.
Background
Appointments of High Court judges are governed by Articles 217 and 224 of the Constitution and the Memorandum of Procedure (MoP) framed in 1998. The MoP was prepared following the Supreme Court's judgment in the Second Judges Case (1993) and its advisory opinion in the Third Judges Case (1998). The process involves consultation between the judiciary and executive at both state and central levels.
Key facts
As of July 1, 2026, total sanctioned strength of High Court judges is 1,222, with 867 judges working and 355 vacancies.
Allahabad High Court has the highest vacancies (52), followed by Calcutta (31), Punjab & Haryana (30), and Madras (24).
Appointments are made under Articles 217 and 224 of the Constitution and the 1998 Memorandum of Procedure (MoP).
The MoP was framed in compliance with the Supreme Court's Second Judges Case (1993) and Third Judges Case (1998).
High Courts are required to send recommendations at least six months before a vacancy arises, but this timeline is rarely followed.
The process involves the High Court collegium, state government, central government, and the Supreme Court Collegium (SCC).
Only those recommended by the SCC are appointed as High Court judges.
The appointment process is described as a continuous, coordinated, and collaborative process between the executive and judiciary.
Prelims pointers
- Article 217: Appointment and conditions of office of a High Court judge.
- Article 224: Appointment of additional and acting judges.
- Memorandum of Procedure (MoP): 1998, governs judicial appointments.
- Second Judges Case (1993): Established the collegium system.
- Third Judges Case (1998): Advisory opinion on collegium composition.
- Supreme Court Collegium (SCC): Recommends appointments to High Courts.
- High Court Collegium: Consists of Chief Justice and two senior-most judges.
- Total High Courts in India: 25 (as of 2026).
Mains angles
- Discuss the reasons for delay in judicial appointments and its impact on the justice delivery system.
- Critically examine the role of the collegium system in judicial appointments and the need for reforms.
- Analyze the relationship between the executive and judiciary in the appointment process.
- Evaluate the effectiveness of the Memorandum of Procedure in ensuring timely appointments.