Today, On 4th March, The Supreme Court issued a stay on the recruitment of judges in Gujarat. The Court questioned why the hiring process was rushed while a case about eligibility is still being reviewed by a three-judge Bench. This decision means the recruitment will remain paused until the matter is resolved. The ruling could impact the selection process for judges in the state.
New Delhi: The Supreme Court stayed the recruitment process initiated by the Gujarat High Court for the positions of Judicial Magistrate First Class (JMFC) and Civil Judges in the state.
A Bench comprising Justice BR Gavai and Justice AG Masih issued the order after noting that the issue concerning the eligibility criteria, specifically the minimum years of legal practice required for judicial appointments, is currently pending before the Court.
The Justices remarked,
“When the Court is seized of the issue, we do not appreciate the necessity to rush through the selection process, as the outcome of that case will have a direct bearing on the qualifications prescribed for the JMFC-cum-Civil Judge.”
The Supreme Court has also issued a notice to both the High Court and the state government, with the matter scheduled for a hearing on March 18.
The Court added,
“We further stay the proceedings initiated by the High Court for recruitment to the post of JMFC-cum-Civil Judge.”
The preliminary examination for the candidates vying for the advertised vacancies was set to take place this month, but the advertisement issued by the High Court did not stipulate any minimum law practice requirement for applicants.
The recruitment and appointment of judges in India are governed by provisions in the Constitution of India, primarily under Articles 124 to 147 for the Supreme Court and Articles 214 to 231 for the High Courts.
Supreme Court and High Court judges in India are appointed by the President based on the Collegium System, where a group of senior judges, led by the Chief Justice of India, recommends candidates for appointment.
The District Judges are appointed by the Governor of the State in consultation with the respective High Court, ensuring judicial oversight in the selection process. For the lower judiciary, recruitment is conducted through competitive examinations organized by the State Public Service Commissions (SPSC), ensuring merit-based selection of civil judges and magistrates.
This structured process maintains judicial independence and ensures the appointment of qualified individuals across different levels of the judiciary.
Case Title: ALL INDIA JUDGES ASSOCIATION Vs UNION OF INDIA|W.P.(C) No. 1022/1989