Union Minister of State in charge of the Law Ministry Arjun Ram Meghwal said in response to a question in the Lok Sabha that the 67% of High Court judges have been appointed from the Bar and the remaining 33% are from the judicial services.
In his response,the law mininster said that this was in line with the 1:3 rule followed for High Court appointments, as per a resolution passed at the Conference of Chief Justices in 1999 and a Supreme Court order.
Accordingly, there are 519 High Court judges from the Bar whereas 255 are from the district judiciary of the various states.
The response also showed that High Courts are currently working at 70% capacity of their full sanctioned strength.
While the total sanctioned strength of judges in High Courts is 1,114, only 774 vacancies have been filled, with 340 vacancies.
The Law minister parted with the details in response to a question by Aam Aadmi Party Member of Parliament Vikramjit Singh Sahney.
AAP MP Sahney asked the minsitry whether the number of senior lawyers appointed as High Court judges were more than the number of district court or session court judges.
Another question asked was if the government was planning to recommend names of district and session court judges to the Supreme Court Collegium for appointment as High Court judges.
Law Minister Meghwal in his writtem reply stated that pursuant to the resolution passed in the conference of Chief Justices in 1999 and the Supreme Court order dated April 29, 2002 in WP (C) No. 410 of 2001, 66⅔% of vacancies are filled from amongst members of the Bar and 33⅓% from the Judicial Service in appointment of Judges in High Courts.
A former Delhi High Court judge on the condition of anonymity pointed out that those coming from the Bar have a longer tenure in the High Court.
The minstry of law also stated that the One-third and two-third is the settled principle. People who come from the Bar have longer tenures. I’m not undermining anybody, but those coming from services come at an age when they are already at the age of retirement. It may not affect the quality. I’ve seen the best of the judges when they come to High Court, they say there’s a lot of work over here.