The Indian judicial system is facing a significant challenge with a large number of vacancies in High Courts across the country. The government has recently revealed that High Court collegiums are yet to recommend names for over 52% of these open positions. This revelation has sparked concerns about the efficiency of the appointment process and its impact on the increasing backlog of cases.
As of July 18, 2025, there are 371 vacant posts for judges in various High Courts, against a sanctioned strength of 1,122. Union Law Minister Arjun Ram Meghwal informed the Rajya Sabha that recommendations for 193 of these vacancies have not yet been received from the High Court collegiums. This means that more than half of the vacancies are awaiting proposals from the concerned High Courts.
The Memorandum of Procedure (MoP), which guides the appointment, transfer, and elevation of judges, stipulates that High Courts should initiate recommendations at least six months before a vacancy occurs. However, the government has noted that this timeline is rarely followed. The Law Minister also pointed out that the appointment process involves inputs from state governments, as well as the consideration of intelligence and background reports for the candidates.
The Supreme Court is aware of the delays in clearing the Collegium recommendations and is working with the government to resolve the pending appointments to the High Courts. Chief Justice of India B.R. Gavai stated that the administrative side of the Supreme Court is actively engaging with the government to expedite the process.
The delays in appointments have led to some advocates withdrawing their consent for judgeship. The Chief Justice expressed concern over the withdrawal of names by some fine, young lawyers. For instance, Advocate Swetashree Majumder, who was recommended for the Delhi High Court Bench a year ago, withdrew her consent after the government sat on her name without assigning reasons. Similarly, Advocate Rajesh Dattar in Mumbai found his name segregated, while his juniors were appointed as additional judges.
The issue of vacancies and delays in judicial appointments has been a long-standing concern. In 2022, the Supreme Court linked the failure of the National Judicial Appointments Commission (NJAC) to the government's delaying of Collegium recommendations. The Supreme Court had struck down the NJAC, which would have given the government an equal say in judicial appointments, in 2015, thereby reviving the Collegium system.
The current situation raises concerns about the increasing pendency of cases in High Courts, which directly impacts judicial efficiency. The lack of recommendations from High Court collegiums for a significant portion of vacancies is a major contributing factor to this issue.
In addition to the vacancies, there are also concerns about the representation of marginalized communities in the judiciary. The government revealed that since 2018, only a small percentage of judges appointed to the High Courts come from Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
The delay in appointments and the underrepresentation of marginalized communities in the judiciary highlight the need for reforms in the judicial appointment process. The Supreme Court is actively working with the government to address these issues and ensure that the High Courts are adequately staffed to handle the increasing workload.