The Supreme Court on Tuesday referred to a five-judge Constitution Bench the question of whether a judicial officer, who had already completed seven years of practice as an advocate before joining the judiciary, can be appointed as a District Judge against a vacancy reserved for members of the Bar.
A Bench comprising Chief Justice of India B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria also referred for authoritative determination the related question of whether eligibility for such an appointment should be assessed at the time of application, at the time of appointment, or at both stages.
The court observed that both issues involve a substantial question of law concerning the interpretation of Article 233(2) of the Constitution, which governs the appointment of District Judges.
“We refer the aforesaid issues for consideration of a Constitution Bench of five Judges of this Court. The Registry is directed to place the matter before the Chief Justice of India on the administrative side for obtaining appropriate orders,” the Bench stated in its order.
The matter arose from an appeal challenging a Kerala High Court judgment that had set aside the appointment of a District Judge. The High Court had ruled that the appointee was in judicial service and not a practising advocate at the time of appointment, thereby failing to meet the constitutional requirement.
According to the petition, the candidate had been a practising lawyer with over seven years of Bar experience when he submitted his application for the post of District Judge. The question now before the Constitution Bench will clarify whether such prior Bar experience can be counted towards eligibility when the candidate is no longer in practice at the time of appointment.
