Supreme Court clears way for judicial officers to become District Judges

In a bid to infuse young talent into the upper echelons of the district judiciary, a Constitution Bench headed by Chief Justice of India B.R. Gavai on Thursday held that judicial officers with seven years in the Bar before their recruitment to the subordinate judicial service are entitled to be appointed as District or Additional District Judges.

District Judges are considered for appointment to the High Court. So far, only practising lawyers with seven years’ experience were eligible for direct recruitment as District Judges. In-service judicial officers, even with seven years of previous practice as advocates, were not considered, leading to stagnation and lack of drive, which the court observed may be one of the reasons for pendency in lower courts.

Chief Justice Gavai reasoned that a lawyer does not cease to be one upon joining the judicial service.

The court noted that no eligibility criteria are prescribed under Article 233(2) for a person already in judicial service of the Union or the State for being appointed as District Judge. “A person who has been or who is in judicial service and has a combined experience of seven years or more as an advocate or a Judicial Officer would be eligible for being considered and appointed as a District Judge/Additional District Judge under Article 233 of the Constitution,” the Bench held in its judgment.

Further, the Constitution Bench directed that the minimum age for being considered and appointed as a District Judge or Additional District Judge, both for advocates and judicial officers, would be 35 years as on the date of application.

The court directed State governments, in consultation with High Courts, to frame or amend the rules in accordance with this judgment within three months.