On Thursday, Union Law Minister Kiren Rijiju told the Rajya Sabha that the issue of vacancies and appointments in the higher judiciary would continue to linger till the new system was created for the appointment of judges.

The Law Minister Rijiju said this while replying to questions in the Upper House of Parliament that the Centre had limited powers over the appointments of judges.

 “Currently, the Government has limited powers to fill the vacancies,” the Minister said and added that the Centre could not look for names other than those recommended by the collegium.

Rijiju also told the House that verbal and written requests had been made to the Chief Justices of the Supreme Court and High Courts to send names at the earliest for filling up the vacancies of judges.

Answering supplementaries during the Questioning, Rijiju said, the total number of cases pending in various courts is near about five crores. He added that the Centre has taken multiple measures to reduce the pendency of cases.

“We are giving our full support to reduce the pendency of cases. But questions will keep arising on the vacancy of judges and appointments till we create a new system for appointments,” Law Minister Rijiju said.

As on 16 December, 772 judges are working in 25 High Courts against the sanctioned strength of 1108, leaving a vacancy of 336 which is almost 30 percent while in the Supreme Court, against the sanctioned strength of 34 judges, 28 are working, leaving 6 vacancies.

When asked, if the government will revive the National Judicial Appointments Commission (NJAC) Act, Rijiju said, several retired judges, prominent jurists, advocates, lawyers and leaders of political parties have opined that striking down the Act was not correct.

Rijiju said that the Government has also asserted in its request to the Chief Justices that while selecting judges, they must take into account the diversity of the nation that is home to many castes, communities and religions. Rijiju added that the government emphasizes that women’s names should be included in the selection process.