Judicial Vacancies Mount as Marginalised Voices Remain Underrepresented: Govt Admits in Rajya Sabha

New Delhi: Despite repeated assurances of judicial reform and social inclusion, the Union Government admitted in the Rajya Sabha on Wednesday that over one -third of all High Court judge positions remain vacant, with only one woman judge currently serving in the Supreme Court.

Responding to a starred question by CPI M MP, Dr. John Brittas, the Ministry of Law and Justice revealed that 371 of the 1,122 sanctioned posts in High Courts are vacant as of July 21, 2025, a glaring figure amid rising pendency of cases across the judiciary. The Supreme Court has 33 sitting judges against a full strength of 34.

Of the vacant High Court posts, 175 appointments are stuck between the Supreme Court Collegium and the Government, while no recommendations have been received for the remaining 196 posts from the High Court Collegiums, pointing to a systemic paralysis in the appointment process.

The Government, while stating that the Constitution provides no scope for reservations in higher judiciary, disclosed that since 2018 only 23 judges from Scheduled Castes, 17 from Scheduled Tribes, and 93 from OBC backgrounds have been appointed out of 743 total appointments. That amounts to just over 17% of all appointments coming from historically marginalised communities, a dismal figure in a country where SCs, STs, and OBCs constitute over 70% of the population.

The Government claimed that it “urges” Chief Justices to consider diversity while making recommendations. However, without constitutional mandates or accountability mechanisms, these appeals have had limited impact. The Memorandum of Procedure continues to vest recommendation powers solely in the judiciary, creating a vacuum where neither the executive nor judiciary takes full responsibility for equitable representation.

On the administrative side, data on non-judicial staff remains poorly maintained, with only seven High Courts providing category-wise information. Even among these, disparities persist. For instance, Karnataka High Court employs over 1,600 OBC- category staff, while others like Uttarakhand and Shillong reflect negligible or inconsistent representation. Notably, Orissa High Court does not provide OBC reservations at all, citing its own service rules.

Legal experts and rights activists have long flagged the opacity and elitism of judicial appointments. The fresh data only underscores the urgent need for structural reforms to ensure a judiciary that reflects the social realities of India.