A total of 414 posts of judges are vacant in the 25 high courts of the country, the highest till now in this year. According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A collegium recommends people for the post

A three-member Supreme Court collegium recommends names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

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High court collegium shortlists candidates for their respective high courts and send the names to the law ministry. The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call. The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities. 

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Reasons for Vacancies

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June this year, the vacancy position stood at 399, while it was 396 in May. In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice. Over 43 lakh cases are pending in the 25 high courts. 

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