Institute of Legal and Management Studies

The Supreme Court expressed concerns over how young judicial officers are facing career stagnation due to systemic delays in promotions as a District Judge.

The 5-judge constitution bench was considering the issue of whether a judicial officer, who has already completed 7 years in the Bar, is entitled to be appointed as a District Judge against the Bar vacancy.

The matter was being considered by the bench comprising Chief Justice of India BR Gavai, Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran.

During the hearing, Sr Advocate Jayant Bhushan, appearing for some of the petitioners, submitted that the delays that occur in the appointment of district judges from the route of promotions or departmental comparative exams are impacting the quality of young officers entering the judiciary. He explained :

"The reason why we are not getting very good people for the appointment of civil judges is that they feel they get completely stagnated - I'll get into the service and now for a complete 15-16 years, I will not even become a district judge."

Justice Sundresh weighed in to share how one of his Law Clerk-cum-Research Assistant from the Madras High Court went on to become a civil judge, but later she expressed to him that she wanted to resign due to such stagnation in growth. He recalled :

"One of my law clerks back in the HC, I persuaded her to take civil judiciary; she was a topper. Last time she met me, and she said I want to resign, it is deceiving the aspirations of the young mind."

The CJI also added that "Many of the brilliant candidates who join, they leave in 2 years, they don't reach up to the principal district judge, they get retired, they get stagnant in the district judiciary for years together."

CJI Gavai added that recently, in the All India Judges Association case, his bench agreed to consider the issue concerning the lack of promotional avenues for the entry-level posts in the judicial service, which is dissuading many bright young lawyers from joining the service at the post of Civil Judge (Junior Division). The said bench has issued notice to the Chief Secretaries/Administrators of all the States/Union Territories and to the Registrar Generals of all the High Courts

Justice Sundresh opined that it was crucial to ensure that bright candidates enter the entry-level posts of judiciary. If the base is weak, the judicial structure itself will become weak.

"You have to make the bottom of the same quality, then you have to take it forward, but if you make it much weaker, how can you justify the structure?"

Also read : Judicial Officer Who Had 7 Year Practice As Advocate Eligible For District Judge Direct Appointment : Petitioners Argue In Supreme Court [Day 1]

Case Details : REJANISH K.V. vs. K. DEEPA [Civil Appeal No(s). 3947/2020] and other connected matters