SC Allows Judicial Officers with Bar Experience to be District Judges

New Delhi, Oct 9 (PTI) The Supreme Court has ruled that judicial officers, who have completed a minimum of seven years in practice as advocates prior to joining the judiciary, can be considered for the position of district judges against vacancies earmarked for members of the bar.

The decision was made by a five-judge Constitution bench. The bench included Chief Justice B R Gavai and Justices M M Sundresh, Aravind Kumar, S C Sharma, and K Vinod Chandran. They delivered two separate judgments, both agreeing that judicial officers in the subordinate judiciary qualify to become district judges through a direct recruitment process specifically intended for advocates.

"Judicial officers who have already completed seven years at the bar before serving in the judiciary will be entitled to appointment as district judges," the Chief Justice announced.

In delivering the judgment, the Chief Justice emphasized the need for an "organic" rather than a "pedantic" interpretation of the constitutional framework.

"All state governments, in consultation with the high courts, must amend their rules based on our findings within three months," the judgement stated.

Justice Sundresh, delivering a separate but concurring opinion, noted that failing to recognize and foster emerging talent could lead to mediocrity rather than excellence—a move which would weaken the judiciary's foundations. "Greater competition will undoubtedly lead to better quality," he asserted. The detailed judgment is still awaited.

The Supreme Court had reserved its judgment on September 25 after hearing arguments spanning three days on over 30 petitions dealing with issues that could significantly affect judicial recruitment nationwide.

Central to the bench's deliberations was the interpretation of Article 233 of the Constitution, which pertains to the appointment of district judges. One of the critical questions it considered was whether judicial officers who completed seven years at the bar prior to joining the judicial service could be appointed as additional district judges against vacancies reserved for bar members.

(Only the headline of this report may have been reworked by Editorji; the rest of the content is auto-generated from a syndicated feed.)