New Delhi: The Supreme Court announced on Tuesday that it will begin hearings on October 28 concerning significant matters that determine seniority within the higher judiciary. This decision aims to tackle the career stagnation faced by lower judicial officers nationwide.
A five-judge Constitution bench, presided over by Chief Justice BR Gavai, will also consider broader issues affecting judicial officers’ career progression, including the potential referral of certain matters to a larger bench. Justices Surya Kant, Vikram Nath, K Vinod Chandran, and Joymalya Bagchi are part of the bench. Nodal counsels have been appointed for various parties, with all written submissions due by October 27.
This directive comes after the Supreme Court, on October 7, referred the complex issues of career stagnation among lower judicial officers to a five-judge Constitution bench. The Chief Justice had previously highlighted the need for comprehensive solutions to improve the limited promotional opportunities available to those entering the judiciary at entry-level positions.
The court acknowledged the varying perspectives from high courts and state governments regarding these issues. It noted that some high courts believe the current system prevents judges who start as civil judges (junior division) from reaching the district judge level. The Supreme Court also recognized the “anomalous situation” where many judicial officers, beginning as Judicial Magistrates First Class, may retire without ever becoming principal district judges or being elevated to high court benches.
However, senior advocate R Basant raised a counterpoint, arguing that such changes could disadvantage meritorious candidates seeking direct recruitment as district judges.