Judicial Officers With Seven Years Of Practice As Advocates Can Become District Judges, Supreme Court Rules

The Supreme Court on Thursday (9 October) ruled that judicial officers who have completed seven years of practice as advocates are eligible to become district judges under the bar quota.

The five-judge Constitution Bench led by Chief Justice of India B R Gavai ruled that eligibility for appointment as additional district judge will be determined at the time of application, with a combined experience of seven years as both judicial officer and advocate counting towards the requirement.

The judgement overturned the 2020 Dheeraj Mor decision, which had barred judicial officers from applying under the bar quota.

Chief Justice Gavai emphasised that interpretation of the Constitution must be organic and not pedantic, while the bench held that in-service candidates applying for district judge posts must meet a minimum age requirement of 35 years to ensure a level playing field.

The apex court directed all state governments to amend their rules in consultation with respective high courts within three months, allowing judicial officers to take examinations for district judge appointments.

The bench, which also comprised Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran, heard arguments over three days before reserving judgement on 25 September.

The case centred on the interpretation of Article 233 of the Constitution, which governs appointment of district judges.

The petitioners argued that several judicial officers, despite completing seven years of practice before joining the subordinate judiciary, had been barred from applying under the bar quota, with their petitions before various high courts dismissed based on earlier rulings.

Senior advocates representing the petitioners contended that the issue had culminated in a constitutional interpretation question of great importance.

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