Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court

Recently, the Supreme Court refused to issue directions to the High Courts to fill 50% of the seats in the respective High Courts from the Bench (service judges, district judiciary), if vacancy from the Bar quota lies vacant for more than 6 months. A Bench comprising Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol said that it was not inclined to grant the same noting, “we are afraid, as to whether such a direction can be issued on the judicial side”. However, it gave permission to the applicants to approach the appropriate forum with their grievance.Considering another prayer in the application, the Bench clarified that at least one-third of the total vacancies in all High Courts should be filled up from the district judiciary. It noted, “We would expect the High Court to strictly maintain that ratio”. In February, 2023, the Bench had expressed its prima facie view that, the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained.The application was moved by Judicial Service Association of Delhi.The prayer with respect to issuing of directions to the High Court to fill the vacancies from judicial quota expeditiously, was accepted by the Bench. It noted that, most of the time, the tenure of the service Judges in the High Court is only a few years. In view of the same, it requested the High Courts to take immediate steps and recommend names for elevation of judges from the district judiciary prior to the occurrence of vacancies. The same would ensure that there is no delay in elevation from service cadre. Additionally, the Bench earmarked seven important issues for the Amicus Curiae, Senior Advocate, Siddharth Bhatnagar and the Counsels for the State Government, Union of India and the High Courts to ponder over. The flagged issues are as under - As to whether the 10% quota reserved for Limited Departmental Competitive Examination (for short, ‘LDCE’) for promotion to Higher Judicial Service i.e. cadre of District Judge, needs to be restored to 25% as determined by this Court in the case of All India Judges’ Association and others v. Union of India and others, reported in (2002) 4 SCC 247?As to whether the minimum qualifying experience for appearing in the aforesaid examination needs to be reduced, and if so, by how many years?As to whether a quota needs to be reserved for meritorious candidates from the Civil Judge (Junior Division) to Civil Judge (Senior Division) so that there is an incentive for merit in the cadre of Civil Judge (Junior Division)?If yes, then what should be the percentage thereof and what should be the minimum experience as a Civil Judge (Junior Division)?As to whether the quota to be reserved for the aforementioned departmental examinations in a particular year should be calculated on the cadre strength or on the number of vacancies occurring in the particular recruitment year?As to whether some suitability test should also be introduced while promoting the Civil Judge (Senior Division) to the Cadre of District Judges against the existing 65% quota for promotion to Higher Judicial Services on the basis of merit-cum-seniority.As to whether the requirement of having minimum three years practice for appearing in the examination of Civil Judge (Junior Division), which was done away by this Court in the case of All India Judges Association & Ors. (supra), needs to be restored? And if so, by how many years?[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C) No. 1022/1989]Citation : 2023 LiveLaw (SC) 385Judicial Services - Supreme Court refuses to order that 50% of High Court judges should be recruited from judicial services- Court says that ratio between judges from district judiciary and from bar be maintained at least as 1:3-Issues directions to speed up the filling up of vacancies from judicial quota- the tenure of the Service Judges in the High Court, most of the times, is only few years- So, High Courts requested to take immediate steps in recommending the names for elevation from the service cadre prior to the occurrence of such vacancies, so that there is no delay in elevation of the Judges from the service cadre.Click Here To Read/Download Order

Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court

Sohini Chowdhury

The Court further said that HCs should take steps to fill up vacancies in judicial quota before they arise, as the judges from service normally get short tenure.

Tags