In the District Judge Bar Quota Row, J&K High Court lawyers warn that the ruling “erodes the independence of the Bar” as they urge Bar associations across India to join a nationwide protest challenging the Supreme Court’s controversial verdict.
The Jammu & Kashmir High Court Bar Association, Jammu (JKHCBAJ), decided to initiate a nationwide protest in response to a recent Supreme Court ruling.
This ruling permits judicial officers with seven years of experience as lawyers to be appointed as district judges under the Bar quota, which the Association claims has “serious, far-reaching consequences” for the legal profession.
This resolution was made during an Executive Committee meeting at the High Court Bar Hall in Jammu, chaired by President and Senior Advocate Nirmal Kotwal.
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The five-judge Constitution Bench’s judgment in Rejanish KV v. K Deepa & Others broadens the criteria for the direct recruitment of district judges under the Bar quota. It allows serving judicial officers, who have a combined seven years of experience as advocates and judicial officers, to apply for positions that have traditionally been reserved solely for practicing lawyers.
Members of the Bar have expressed serious concerns that this ruling undermines the Bar quota, diminishes opportunities for younger lawyers, and disrupts the constitutionally intended balance between promotions within judicial services and direct recruitment from the Bar.
The members unanimously stated that the ruling erodes the independence of the Bar and threatens the adversarial system by favouring those already within the judicial hierarchy.
Prominent lawyers, including former Advocate General and Senior Advocate UK Jalali, former Bar President and Senior Advocate Sunil Sethi, and Senior Advocate KS Johal, have voiced their strong opposition to the ruling, urging a unified national response to uphold the exclusive nature of the Bar quota.
The Association also highlighted that similar concerns have been voiced by other Bar organizations, such as the Kerala High Court Advocates’ Association, which plans to challenge the judgment through review or curative petitions.
They have called for the entire Indian Bar community to rally together against any threats to advocates’ rights, insisting that the Bar quota should remain a stronghold exclusively for practicing lawyers.
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The controversy over the District Judge Bar quota reached the Supreme Court after several petitions challenged State rules that reserved a fixed percentage of posts for practising advocates within the direct recruitment channel.
Under Article 233(2) of the Constitution, District Judges can be appointed directly from the Bar if the candidate has at least seven years of practice and fulfils all conditions prescribed by the High Court.