The process of appointing High Court judges in India has become increasingly challenging, with a significant number of recommended candidates not securing appointments. As of July 2022, the Bombay High Court, for instance, was operating with only 57 judges against a sanctioned strength of 96, highlighting the severity of the shortfall. At that time, 26 recommendations for judicial appointments were pending at various stages of consideration.

The appointment process is often prolonged, leading to reluctance among successful lawyers to join the bench due to the uncertainty and potential career disruptions involved. The Supreme Court has acknowledged that many accomplished lawyers are hesitant to become judges because of the lengthy appointment procedures and the associated professional uncertainties.

Additionally, the distribution of appointments between members of the Bar and judicial services has been a topic of discussion. Traditionally, two-thirds of High Court judges are appointed from the Bar, and one-third from the judicial services. As of July 2023, there were 519 High Court judges from the Bar and 255 from the district judiciary, indicating adherence to this ratio. However, the overall vacancy rate in High Courts remains a concern, with courts operating at approximately 70% capacity.

Efforts to address these challenges include the Supreme Court Collegium’s recommendations for appointments, sometimes overruling government objections to ensure diversity and representation in the judiciary. For example, in July 2023, the Collegium recommended the appointment of four advocates as judges in various High Courts to enhance representation of women, marginalized communities, and subject-matter experts. ​

Overall, the combination of procedural delays, stringent selection criteria, and the reluctance of qualified candidates to undergo the appointment process has contributed to the current challenges in filling High Court judge positions in India.​

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