Bench addresses civil judges' stagnation, rarely reaching PDJ or HC; frames seniority criteria to attract young talent.
Oct 14 query on higher service seniority; considers quota for promotees vs direct recruits.
Arguments resume Oct 29; potential larger bench reference amid divergent state views.
Supreme Court Begins Hearing On Stagnant Careers Of Civil Judges Nationwide
Five-judge bench led by CJI Gavai addresses promotion bottlenecks that deter young lawyers, framing criteria for higher judicial service seniority amid calls for quota in district judge posts.
Summary
The Supreme Court commenced hearings on Tuesday on the long-pending issue of framing nationwide criteria for determining seniority in the higher district judicial services, amid concerns over the tardy career progression of entry-level judicial officers. A five-judge Constitution bench headed by Chief Justice B R Gavai, comprising Justices Surya Kant, Vikram Nath, K Vinod Chandran, and Joymalya Bagchi, took note of the "anomalous situation" where civil judges (junior division) often retire without reaching principal district judge (PDJ) roles or high court elevation, dissuading bright young lawyers from joining the service.
The bench, on October 14, had framed the core question: "What should be the criteria for determining seniority in the cadre of higher judicial services?" It also scheduled arguments on related stagnation issues, including potential reference to a larger bench, with written submissions filed by October 27.
The case originates from a 1989 petition by the All India Judges Association (AIJA) seeking uniform pay, conditions, and promotions across the subordinate judiciary. Divergent high court and state responses prompted the reference, with some advocating reservations for promotees to counter direct recruitment biases. Senior advocate R Basant raised constitutional concerns over revisiting prior rulings barring reservations post-cadre merger, suggesting a larger bench if needed. The CJI assured a decision on bench size at the next hearing on October 29.
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