Judicial Officers' Promotion: Live Updates From Supreme Court Hearing | All India Judges Association Case - DAY 2
A Constitution Bench of the Supreme Court led by CJI BR Gavai will hear today the All India Judges Association case. The bench will decide whether to earmark a quota of District Judge posts for those who entered the judiciary as Civil Judges(Junior Division) to avoid career stagnation. The bench comprises Justices Surya Kant, Vikram Nath, Vinod Chandran and Joymalya Bagchi as well. The...
A Constitution Bench of the Supreme Court led by CJI BR Gavai will hear today the All India Judges Association case.
The bench will decide whether to earmark a quota of District Judge posts for those who entered the judiciary as Civil Judges(Junior Division) to avoid career stagnation.
The bench comprises Justices Surya Kant, Vikram Nath, Vinod Chandran and Joymalya Bagchi as well. The bench will determine what should be the criteria for determining seniority in the cadre of higher judicial service. The bench will also consider the ancillary and related issues.
The matter was referred to the Constitution Bench by the bench of CJI BR Gavai and Justice K Vinod Chandran on October 7 in the All India Judges Association case.
Live updates from the hearing can be followed here
hearing concludes for today.
Sr Adv PS Patwalia appears for direct recruits in Delhi
Patwalia : I will be arguing on (1) whether weightage of any sort is to be granted or not ; (2) roaster system is a very good system, it has not failed but given a chance to operate properly; (3) on the quota
Patwalia: in the roaster the problem has been the delay in the selection process of the direct recruits, on account of the delay, this roaster could not work properly
Basant : the next point is - when an integrated cadre is made from 3 sources, they lose their birthmark
CJI: Nobody doubts about that proposition; the question is whether only their aspirations are to be looked into , or the aspirations of all
Basant : Iam only on the point that these lateral entry people must not be frustrated, looked after ...the grievance of the other section- the promotees cannot be looked in isolation, for the health of the system, the people directly recruited must also have avenues, they alsi have career progression
Basant: right through the Indian judiciary, we have accepted that lateral induction of members of the bar is required and necessary for the health of the institution
Basant: we should look at it from the trade union type of approach where each person says I did not get , I did not get - the approach should be what would contribute to the health of the system
Basant refers to his submissions
Sr Adv R Basant appears for direct recruitees from Kerala and Bihar as intervenors
Counsel: and there should not be any quota provided, this submission is dehors the fact that in P&H HC the promotees are more than the direct recruits
Counsel : they become one cadre, so equals should be treated as equals
Counsel : the submission of the amicus that para 29 of the AIJA Case, where Shetty Commission's recommendation regarding the weightage was rejected and roaster was accepted, should be modified or in the alternative 50:50 or 1:1 to be done , mylords my submission is that once all the officers are appointed as ADJ from these 3 sources, then they lose their birthmark