https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Supreme Court Reviews Eligibility of Judicial Officers Under Advocates’ Quota for District Judge Appointments

CJI BR Gavai-led Constitution Bench weighs eligibility criteria under Article 233; debate centers on judicial independence, dual recruitment streams, and long-standing constitutional interpretation.
Scribe for AIBE and CLAT Exam
Indian Masterminds Stories

New Delhi: A Constitution Bench of the Supreme Court, presided over by Chief Justice of India B.R. Gavai, today heard a pivotal case examining whether judicial officers who previously practiced as advocates can claim eligibility under the advocates’ quota for direct recruitment to District Judge posts.

Constitutional Debate Over Article 233

At the heart of the matter is Article 233 of the Indian Constitution, which governs appointments of District Judges. The petitions before the bench challenge whether officers in the subordinate judiciary, with prior advocacy experience, can apply under the advocates’ stream rather than being restricted to the service/promotion route.

Senior counsel argued that Article 233(2) — which allows for direct recruitment from the Bar — safeguards a separate recruitment stream, and must be read in harmony with judicial independence. One senior lawyer asserted:

“Article 233 is not a source of appointment; it only safeguards the independence of the judiciary. The judiciary is meant to remain entirely free from the control of the State government.”

Emphasis was placed on the constitutional role of the Governor, who must consult the High Court without state interference, as established in past precedents like Chandra Mohan.

CJI Gavai intervened, observing:

“Once the judgment on selection of judges is excluded, it means the Governor has to act on the aid and advice of the Council of Ministers.”

Read also: A Decade of Suspicion & Investigation: Supreme Court’s Ruling in NAN Scam Case Forces IAS Officers Alok Shukla & Anil Tuteja into Custody!

Contentions on Eligibility, Combined Service, and Precedents

Several practical and doctrinal arguments were advanced:

  • Mixed experience eligibility: Counsel for petitioners, Civil Judge Madhukar Singh and others, contended that a combination of years at the Bar and years in judicial service should count toward eligibility. Their position: even if a judge served as a Civil Judge and had earlier advocacy practice, such cumulative experience should qualify them under the advocates’ stream.
  • Historical continuity: It was pointed out that under pre‑Constitution statutes, District Judges could be recruited both from service and from advocates; the Constitution raised the period for advocacy from 5 to 7 years but preserved dual routes.
  • Stagnation concern: The Shetty Commission’s report was cited, noting that excluding judicial officers from the advocates’ quota leads to stagnation and discourages talent from entering or staying in the service.
  • Judicial precedent and stare decisis: Counsel pointed to long‑standing Supreme Court rulings affirming two recruitment streams under Article 233. Some submissions argued that later smaller benches misinterpreted positions, and a Constitution Bench can correct such deviations.

Numbers and Wider Stakes

Counsel appearing for petitioner Manglesh Chaubey remarked that:

  • India’s subordinate judiciary has 25,870 sanctioned posts, including ~10,000 Civil Judge posts, ~6,000 Senior Division Judges, and ~8,000 District Judges.
  • Currently, about 4,789 District Judge seats are vacant — making recruitment eligibility a matter with significant real‑world impact on workforce and judicial backlog.

Way Forward and Next Steps

The hearing paused for the day, with further arguments to follow. The key questions before the Court include:

  • Whether judicial officers with prior Bar experience can invoke the advocates’ stream under Article 233(2)
  • Whether eligibility must be assessed only at the time of application, or also at the time of appointment
  • Whether rules that exclude judicial officers from the advocates’ quota are constitutionally valid
  • How to interpret Article 233 in harmony with the overarching architecture of Articles 124, 217, and 235

A judgment from a Constitution Bench would resolve long-standing disputes among High Courts and subordinate judicial services across states.

Read also: Supreme Court Acts on Custodial Deaths in Rajasthan, Seeks Accountability for CCTV Lapses in Police Stations


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
UPSC IFS Cadre Allotment 2025
2004-Batch IFS Officer K. Kannan Takes Voluntary Retirement; President Accepts Resignation
Mission Karmayogi
From Rule-Based to Role-Based: Mission Karmayogi Presents AI Capacity Building Model
cm dhami
Uttarakhand CM Pushkar Singh Dhami Holds First “Jan-Jan Ki Sarkar” Public Meeting in Rural Haridwar
NBCC
NBCC Bags Rs 104.95 Crore Work Orders for Infrastructure Projects in Rourkela and Jharkhand
S5 Nuclear Ballistic Missile Submarine
Cochin Shipyard Wins ₹5,000 Crore Indian Navy Contract to Build Five Next Generation Survey Vessels
Raksha Mantri Inaugurates Missile & AI Facilities at BEL
Defence Minister Rajnath Singh Flags Off Akash Regiments and Launches BEL AI Policy to Boost Indigenous Defence 
award
EIL Leaders Sanjeev Kumar Gupta and Seema Gurnani Honoured at IPMA Global Forum 2026 for Project Excellence
PM-Modi-
PM Modi Inaugurates India AI Impact Expo 2026 at Bharat Mandapam, Showcasing Over 600 Startups and 13 Country Pavilions
ADVERTISEMENT
ADVERTISEMENT
Videos
Aruna Sharma IAS
How Dr. Aruna Sharma Helped Shape India’s Digital Payments Revolution
Akash Verma IAS
The Courage to Begin Again: Akash Verma’s Journey to UPSC AIR 20
WhatsApp Image 2026-02-05 at 6.39
The IAS Officer Who Refused to Let Bastar’s Children Fail Alone | Vinit Nandanwar’s Interview
ADVERTISEMENT
UPSC Stories
How Yashpal Swarnkar Conquered MPPSC
Hat-Trick of Success: From Farmer’s Son to MP Deputy Collector - How Yashpal Swarnkar Conquered MPPSC
Yashpal Swarnkar, from Khamkua village, achieved a hat-trick in MPPSC exams, securing Rank 3 in 2023,...
IPS Aryendra Kumar UPSC
‘I Felt Trapped in My Own Mind’: IPS Officer Aryendra Kumar on Anxiety During UPSC Preparation
A candid account of IPS officer Aryendra Kumar’s mental health struggles during UPSC preparation and...
Siddharth Babu UPSC IFS
Calm, Clarity and Rank 15: How Siddharth Babu Cracked UPSC and Joined the IFS
Who is Siddharth Babu? The 2017-batch IFS officer who interpreted for PM Modi on Republic Day and cracked...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
UPSC IFS Cadre Allotment 2025
2004-Batch IFS Officer K. Kannan Takes Voluntary Retirement; President Accepts Resignation
Mission Karmayogi
From Rule-Based to Role-Based: Mission Karmayogi Presents AI Capacity Building Model
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Aruna Sharma IAS
Akash Verma IAS
WhatsApp Image 2026-02-05 at 6.39
ADVERTISEMENT
ADVERTISEMENT