Appointing judges not similar to normal recruitment in public service: HC on plea pertaining to vacancies

The advocate was seeking the court’s direction to the “alarming and chronic shortage” of judges at the Delhi HC,

highlighting that it is currently working with a strength of 36 judges against a sanctioned strength of 60.

Sahni also highlighted that a single judge of the Delhi HC recently highlighted the shortage of judges in an order.

As the Delhi High Court functions at 60% of its sanctioned strength, the court in an order on April 25, flagged “overflowing dockets” admitting that it is “unable to decide” appeals “within reasonable period of time,” on account of shortage of judges, as compared to the general population and the litigation quantum.

During the proceedings, Chief Justice Upadhyaya remarked, “Everyone associated with the judicial system is alive to the situation. It is not that efforts are not being made.”

Additional Solicitor General Chetan Sharma also informed the bench that the Supreme Court is already seized with the matter pertaining to the broader issues related to the appointment of judges. Sahni subsequently withdrew the plea, with liberty to be added as a party in the SC litigation.

The bench, disposing of the plea, recorded, “Accordingly, nothing needs to be adjudicated in this petition.”

As per the India Justice Report 2025 by Tata Trusts, which analyses the criminal justice system, Delhi has less than one high court judge per 10 lakh population.

According to the report, Delhi performed the best in the judge-to-people population with 36 subordinate court judges per 10 lakh population and less than one high court judge (0.6) per 10 lakh population.