Constitution Bench to hear whether judicial officer with seven-year legal experience can avail Bar quota for District Judge appointment

A five-judge Bench of the Supreme Court headed by Chief Justice of India BR Gavai on Friday (September 12, 2025) decided to hear whether judicial officers with seven years’ legal experience can avail Bar quota for District Judge appointment.

In a short hearing, the Bench scheduled the hearing to commence from September 23. The members of the Bench also include Justices M.M. Sundresh, Aravind Kumar, S.C. Sharma and K. Vinod Chandran.

The reference to the Constitution Bench by a Division Bench of the court was based on the interpretation of Article 233(2) of the Constitution. Clause (2) of the Article prescribes that “a person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment”.

The question was whether a judicial officer with seven years’ past experience in the Bar could also be considered for appointment as District Judge under the constitutional provision.

“Whether a judicial officer who has already completed seven years in Bar being recruited for subordinate judicial services would be entitled for appointment as Additional District Judge against the Bar vacancy?” the Bench flagged the primary question in the Reference.

The Reference spawned from an appeal challenging a Kerala High Court decision setting aside a District Judge appointment on the ground that, at the time of issuing the order of appointment, he was not a practising advocate and was functioning as a Munsiff.

The apex court stayed the High Court judgment in 2021.