Today, On 12th September, The Supreme Court Constitution Bench agreed that it will hear on September 23 on whether a judicial officer with more than seven years’ bar experience before joining service can be considered eligible for appointment as a district judge in bar quota vacancies.
New Delhi: A Constitution Bench of the Supreme Court heard a very important matter on the eligibility of judicial officers for appointment as District Judges.
The central question is whether a judicial officer, who already has seven years’ prior Bar experience, can be appointed under the category of Bar vacancies.
Another issue is whether this eligibility should be assessed at the time of application, at the time of appointment, or at both stages.
The five-judge Bench is headed by Chief Justice of India BR Gavai and also includes Justices MM Sundresh, Aravind Kumar, SC Sharma, and K Vinod Chandran.
As the Bench assembled, CJI BR Gavai asked,
“When can we start? We will not take more than three days.”
Senior Advocate CU Singh, appearing for the respondent in the first matter, suggested,
“If it cannot be listed on September 23.”
However, the CJI made it clear,
“No, it’s fixed for September 23–25. We’ll first hear those supporting the proposition, followed by the responses. You turn would anyway come later.”
The CJI also highlighted one of the key questions,
“My brother had a query should the combined experience as a lawyer and judicial officer count for eligibility? If yes, then the next issue won’t arise. We’ll allot 1.5 days to each side. Who will be nodal counsel?”
In response, Senior Advocate Jayant Bhushan said,
“Mr. Ajay Kumar Singh can be nodal counsel. Interpreting Article 233(2), eligibility for District Judge requires either 7 years practice at the Bar or being in judicial service. In Chandra Mohan, it was held that ‘service’ here refers specifically to judicial service.”
Justice MM Sundresh then pointed out,
“But such an interpretation could lead to absurd results.”
Senior Advocate Patwalia submitted,
“The relationship between sub-clauses (1) and (2) has already been examined in Chandra Mohan.”
The Bench then passed an order stating that, along with the already framed issues, two additional questions will also be examined.
The matter will be taken up on September 23.
The Supreme Court also issued directions,
“Counsels are directed to prepare a joint convenience compilation let it truly be convenient. In the Presidential Reference matter, the compilation has already run into 24,000 pages.”
This upcoming hearing is expected to give clarity on how Article 233(2) of the Constitution should be interpreted in the context of District Judge appointments, and whether prior Bar experience of judicial officers can be counted towards eligibility.
Case Title: REJANISH K.V. vs. K. DEEPA
Case Number: Civil Appeal No(s). 3947/2020