Supreme Court Refers Key Question on Eligibility of Judicial Officers for District Judge Appointment

The Supreme Court on August 12 referred to a Constitution Bench of five Judges the issue of whether a judicial officer who has already completed seven years at the Bar is entitled to be appointed as a District Judge against a Bar vacancy under Article 233(2) of the Constitution. The Court also sought to clarify whether eligibility for appointment should be considered at the time of application, appointment, or both. The reference was made by a bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria.

Kerala High Court Judgment Challenged on Grounds of Eligibility During Appointment

The case arose from an appeal against a Kerala High Court judgment that set aside the appointment of Rejanish K.V. as District Judge. Though Rejanish had over seven years’ experience as a practising advocate at the time of applying, he was appointed as a Munsiff-Magistrate during the selection process and was serving as a judicial officer when appointed District Judge. The High Court, relying on the Supreme Court’s ruling in Dheeraj Mor v. High Court of Delhi, held that a candidate must be a practising advocate at the time of appointment. While the Single Bench struck down the appointment, the Division Bench acknowledged that several appointments across India might conflict with this principle and granted certification for appeal to the Supreme Court.

Implications of Supreme Court Reference on Judicial Appointments and Bar Eligibility

The Supreme Court is now set to clarify the interpretation of Article 233(2), which prescribes that a person not already in government service can be appointed District Judge only if they have been an advocate for at least seven years. This ruling will have significant implications on judicial appointments, especially where candidates transition between the Bar and the judiciary during the recruitment process. CJI Gavai indicated that the Constitution Bench reference is likely to be listed soon.