Centre Notifies Seven Delhi High Court Judges, Leaves Out One Collegium-Recommended Name

The Central government on Saturday formally notified the appointment of seven judicial officers as judges of the Delhi High Court, a move that partially addresses the persistent vacancy crisis on the Bench. The appointments follow the Supreme Court Collegium's recommendation of eight names on September 10, but notably, one of those recommended—Gurvinder Pal Singh—has not been included in the final notification. With these appointments, the Delhi High Court now operates with 51 judges against its sanctioned strength of 60, leaving nine vacancies. Prior to this round, the High Court was functioning with only 44 judges, underscoring the severe understaffing that has plagued the court.

Seven New Faces on the Bench

Among those appointed, two judicial officers—Nivedita Anil Sharma and Nisha Sahay Saxena—have been elevated as permanent judges of the Delhi High Court. The remaining five—Sanjay Sharma, Bharat Parashar, Aditi Choudhary, Dinesh Bhatt, and Arun Bhardwaj—have been appointed as additional judges for a probationary period. Arun Bhardwaj, currently serving as the Registrar General of the Delhi High Court, brings considerable administrative experience to his new role. The distinction between permanent and additional judges is standard practice; additional judges typically serve a two-year term before being considered for confirmation as permanent judges, subject to performance evaluation and continued recommendation by the Collegium.

Collegium Recommendations and Government Action

The Supreme Court Collegium, which is responsible for recommending candidates for appointment as High Court judges, had forwarded a list of eight judicial officers to the Union government. The Central government, after completing its prescribed vetting and clearance procedures, issued the formal appointment notification for seven of them. The omission of Gurvinder Pal Singh has raised eyebrows in legal circles, though no official explanation has been provided. Typically, such discrepancies may arise from adverse intelligence reports, pending disciplinary matters, or unresolved objections from the state government or other stakeholders. The Collegium's recommendation is not binding on the government, which retains the discretion to withhold clearance in individual cases, though this power is often exercised sparingly and with due consideration of the Collegium's views.

Vacancies Partially Filled

The Delhi High Court's sanctioned strength of 60 judges has historically been a moving target, with actual working strength often falling short. Before Saturday's notification, the court had 44 judges—a deficit of 16. The addition of seven judges reduces that deficit to nine, but the court still operates at 85% capacity. The pending recommendation for Gurvinder Pal Singh, if eventually cleared, would bring the strength to 52, still leaving eight vacancies. The Centre's pace in processing Collegium recommendations has been a subject of judicial scrutiny in the past, with the Supreme Court occasionally issuing timelines for filling vacancies. The current notification, however, signals a positive step toward easing the workload on the Delhi High Court, which handles a massive volume of cases ranging from constitutional matters to commercial disputes and criminal appeals.

The Missing Name: Gurvinder Pal Singh

The absence of Gurvinder Pal Singh from the appointment list is the most conspicuous aspect of this development. The Supreme Court Collegium, in its resolution of September 10, had explicitly recommended his name along with the other seven. The reasons for the Centre's decision to hold back his appointment are not publicly known. In similar instances, the government has sometimes sought additional information or raised concerns about a candidate's suitability. The matter may be returned to the Collegium for reconsideration or the government could eventually clear the name after further deliberation. Legal experts note that such delays can have a chilling effect on the morale of judicial officers, particularly those from the district judiciary aspiring for elevation. The case also highlights the ongoing tension between the executive and the judiciary over the final say in judicial appointments, a debate that has been central to the evolution of the collegium system since the landmark Second Judges Case (1993).

Broader Implications for the High Court

The appointment of seven new judges is expected to provide some relief to the Delhi High Court, which has been grappling with a high case disposal rate but also a rising influx of fresh filings. With over 80,000 pending cases as of the latest available data, the court's efficiency is directly linked to its judge strength. Additional judges like Sanjay Sharma and Aditi Choudhary bring trial court experience, while permanent judges Nivedita Anil Sharma and Nisha Sahay Saxena have served with distinction in the district judiciary. Arun Bhardwaj's transition from Registrar General to a judge on the Bench is also noteworthy; his familiarity with the court's administrative machinery may help streamline case management.

The notification also underscores the continuing reliance on the collegium system, which has faced criticism for lack of transparency and slow decision-making. However, the system remains the constitutional mechanism for appointments until a replacement—such as the proposed National Judicial Appointments Commission (NJAC)—is revived. The Supreme Court struck down the NJAC Act in 2015, reaffirming the primacy of the collegium.

Conclusion

Saturday's notification marks a modest but significant step in strengthening the Delhi High Court. With seven new judges taking their places on the Bench, the court can expect some reduction in its backlog and faster disposal of cases. Yet, the lingering vacancy of nine judges and the unresolved status of Gurvinder Pal Singh serve as reminders that the appointment process remains a work in progress. Legal professionals will be watching closely to see whether the Centre clears the remaining name and how quickly future vacancies are filled. For now, the Delhi High Court gains fresh judicial talent, and the legal community hopes that this momentum will continue to bridge the gap between sanctioned strength and actual working capacity.