Did the SC Just Open Doors for In-Service Judges in District Judge Recruitment?

Synopsis
Key Takeaways
- Judicial officers with seven years of legal practice can apply for District Judge roles.
- A new standard for combined experience has been established.
- The minimum age for applicants is 35 years.
- Uniform recruitment rules must be developed by state governments.
- The ruling is prospective and does not impact past appointments.
New Delhi, Oct 9 (NationPress) The Supreme Court announced a significant ruling on Thursday, stating that judicial officers who have practiced law for seven years prior to their service can apply for direct recruitment as District Judges.
A Constitution Bench, headed by Chief Justice of India (CJI) B.R. Gavai, laid down several directives, reversing earlier decisions that barred in-service judges from competing with advocates for district judge positions.
The five-member Bench, which includes Justices MM Sundresh, Aravind Kumar, SC Sharma, and K Vinod Chandran, stated, "Judicial Officers that have completed seven years at the Bar before entering the subordinate judicial service are eligible for appointment as District Judge/Additional District Judge in the direct recruitment process."
The Apex Court clarified that eligibility should be assessed at the time of application, not at the appointment stage.
With a new standard for "combined experience," the court indicated, "Although Article 233(2) does not prescribe eligibility for individuals already in judicial service regarding District Judge appointments, to ensure a fair competition, we mandate that in-service candidates must possess seven years of combined experience as both a Judicial Officer and an advocate."
Furthermore, the court maintained that any individual with a combined experience of seven years or more as either an advocate or a Judicial Officer would qualify for consideration and appointment as a District Judge or Additional District Judge under Article 233 of the Constitution.
To foster a level playing field between advocates and current judges, the Constitution Bench established that the minimum age for both advocates and judicial officers seeking the position of district judge or additional district judge should be 35 years as of the application date.
The Supreme Court instructed all state governments to develop uniform recruitment rules in collaboration with their High Courts in accordance with this ruling. The Constitution Bench reiterated the existing quota for district judges: 50% through promotion, 25% via limited departmental exams, and 25% through direct recruitment from the Bar.
It was also noted that this ruling is prospective, stating, "The principles established in this judgment will only apply from today, and no prior selection processes or appointments will be impacted, except in cases involving previous interim orders by High Courts or this Court."