Data · Judicial Capacity
Judge Vacancies and Case Pendency in India (2026)
A court can only decide cases as fast as its judges allow, so judge vacancies sit directly behind India’s pendency problem. As on 1 July 2026, 341 of 1,122 sanctioned High Court judge posts were vacant, a vacancy rate of 30.39%, and as on 17 July 2026, 7,310 of 30,868 sanctioned district-level posts were vacant, a rate of 23.68%, per a written reply by the Law Minister in Parliament on 23 July 2026. This page gives the dated figures and explains, carefully, how vacancies relate to pendency. Last verified October 2026.
- High Courts: 341 of 1,122 sanctioned posts vacant (30.39%), as on 1 July 2026.
- District and subordinate courts: 7,310 of 30,868 posts vacant (23.68%), as on 17 July 2026.
- Source: Law Minister’s written reply in Parliament, 23 July 2026.
- Context: about 15 judges per million people (India Justice Report 2025) against a 1987 Law Commission benchmark of 50.
- Link to pendency: vacancies cap disposal capacity, a major but not sole driver of the backlog.
01The vacancy numbers, dated
The most recent official figures come from a written reply by the Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal, to an unstarred question in Parliament on 23 July 2026.
| Level | Sanctioned | Working | Vacant | Vacancy rate | As on |
|---|---|---|---|---|---|
| High Courts | 1,122 | 781 | 341 | 30.39% | 1 July 2026 |
| District and subordinate courts | 30,868 | 23,558 | 7,310 | 23.68% | 17 July 2026 |
About 3 in 10 sanctioned High Court judge posts, and nearly 1 in 4 district-level posts, were vacant in mid-2026, per the Law Minister’s reply of 23 July 2026.
For an earlier snapshot, the Law Ministry told Parliament in February 2025 that High Courts had 367 vacancies against a sanctioned strength of about 1,122. Snapshots on different dates are not strictly comparable, but both show vacancies running near a third of High Court strength.
02How vacancies relate to pendency
The link is real but should be stated carefully: vacancies are a major constraint on disposal capacity, not the single cause of pendency.
Fewer sitting judges means fewer cases can be heard and decided in a given period, which lowers disposal. When disposal falls behind institution (new filings), pendency rises. See institution versus disposal of cases and the case disposal rate.
But filling every post would not clear the backlog on its own. Case complexity, adjournments, infrastructure and procedure all matter too. Treat vacancies as one of the largest and most measurable levers, not a complete explanation. For the pendency figures themselves, see pendency of cases in India.
03Benchmarks: judges per million
Vacancies look worse against India’s already low judge-to-population ratio. The India Justice Report 2025 found India had roughly 15 judges per million people, well below the benchmark of 50 per million that the Law Commission of India recommended in 1987.
So the pressure is twofold: the sanctioned strength itself is modest relative to population, and a large share of even that modest strength sits vacant. Both figures should be read together, and both are dated estimates that are revised over time.
04How to check the current figures
Vacancy figures change as appointments are made and posts fall vacant, so confirm the current position:
- Check the Department of Justice (doj.gov.in), which publishes vacancy positions for the higher judiciary.
- Look for the latest Law Ministry written replies in Parliament, which give dated vacancy figures on the record.
- Read the NJDG (njdg.ecourts.gov.in) for the pendency side of the picture, so you can see capacity and load together.
For how to read the pendency side without being misled, see how to read court pendency statistics.
These figures change
Vacancy and sanctioned-strength numbers are revised regularly. Confirm the current figures from the Department of Justice or the latest parliamentary reply before relying on them.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The vacancy and pendency figures here come only from the official sources named, the Law Ministry’s replies, the Department of Justice, the NJDG and the India Justice Report. Claw does not publish judicial-strength statistics. Its job is the specific one: it lets you search and track a particular matter across 9,102 courts, benches and forums, sitting on 30 crore or more judgments with results in under 5 seconds, and it sends hearing and order alerts so your case is followed closely whatever the capacity of the court hearing it.
Create a free Claw account and run a case search across Indian courts.
06Sources
- Department of Justice (judicial vacancy positions): doj.gov.in
- National Judicial Data Grid (pendency side): njdg.ecourts.gov.in
- Vacancy figures as on 1 and 17 July 2026, Parliament reply of 23 July 2026 (as reported): theprint.in
Figures are dated snapshots and are revised over time.
07Frequently asked questions
How many judge vacancies are there in India?
As on 1 July 2026, 341 of 1,122 sanctioned High Court judge posts were vacant (30.39%). As on 17 July 2026, 7,310 of 30,868 sanctioned district-level posts were vacant (23.68%). Both figures come from a written reply by the Law Minister in Parliament on 23 July 2026.
Do judge vacancies cause case pendency?
They are a major driver, not the only one. Fewer sitting judges means fewer cases can be decided, which lowers disposal; when disposal falls behind new filings, pendency rises. But case complexity, adjournments, infrastructure and procedure also matter, so filling posts alone would not clear the backlog.
How many judges does India have per million people?
The India Justice Report 2025 found roughly 15 judges per million people, well below the 50 per million that the Law Commission of India recommended in 1987. So the sanctioned strength is modest relative to population, and much of it is vacant.
Where can I check the current vacancy figures?
Check the Department of Justice at doj.gov.in and the latest Law Ministry written replies in Parliament for dated vacancy figures, and read the NJDG at njdg.ecourts.gov.in for the pendency side. These numbers are revised regularly, so confirm the current position.