A total of 371 posts of judges are vacant in various high courts across the country and high court collegiums have not sent any recommendation yet for more than 50% of these vacancies, the Rajya Sabha was informed on Thursday (July 24, 2025).

The government lamented that while the high courts are required to make recommendations at least six months before the occurrence of a vacancy, this time limit is “rarely observed”.

In a written reply to a question by Leader of the Opposition Mallikarjun Kharge, Law Minister Arjun Ram Meghwal said that as on July 18, against the sanctioned strength of 1,122 judges, 751 are working.

As many as 371 posts of judges are vacant in various high courts and against these vacancies, 178 proposals for appointment are at various stages of processing between the government and the Supreme Court Collegium, Mr. Meghwal said.

The recommendations against 193 vacancies are yet to be received from the high court collegiums, the Minister said.

According to the memorandum of procedure (MoP) — a set of documents which guide appointment, transfer and elevation of Supreme Court and high court judges — 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.

As per the MoP, the high courts are required to make recommendations at least six months before the occurrence of a vacancy. However, this time limit is “rarely observed”, Mr. Meghwal said.

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.