Appointment of District Judges

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News: Recently, the Supreme Court delivered a landmark judgment regarding the appointment of District Judges. The judgment allows young judicial officers to be appointed as District or Additional District Judges to enhance efficiency and reduce pendency in subordinate courts.

About Appointment of District Judges

Source – ET
  • Constitutional provision: Article 233 of the Indian Constitution deals with the appointment of District Judges.

Qualifications 

  • The person must have practiced as an advocate or pleader for at least seven years.
  • The person must not be in government or Union/State service.
  • The person must be recommended by the High Court for appointment.

Procedure for Appointment

  • Under Article 233, the appointment of District Judges is made after consulting the Governor of the State and the Judges of the High Court exercising jurisdiction in that State.
  • Article 233-A validates appointments of District Judges made before the Twentieth Amendment Act, 1966, even if not strictly in accordance with Articles 233 or 235.
  • Article 235 gives the High Courts control over the judicial service in district and subordinate courts.

Supreme Court Judgement

  • The Court held that judicial officers who had seven years of experience at the Bar before joining judicial service are eligible for appointment as District Judges under Article 233 of the Constitution.
  • Earlier Restriction: Previously, only practising advocates with seven years’ experience were eligible for direct recruitment as District Judges.
    • Judicial officers who had prior legal practice but later joined service were excluded, creating stagnation and lowering motivation in the subordinate judiciary.
  • The Bench noted that Article 233(2) does not prohibit those already in judicial service from being considered for appointment as District Judges if they meet the overall experience requirement.
  • Eligibility Clarified:
    • A person having a combined experience of seven years or more as an advocate and/or judicial officer can now be considered for appointment as District Judge or Additional District Judge under Article 233.
    • Minimum Age Requirement: The minimum age for appointment as a District or Additional District Judge (for both advocates and judicial officers) is fixed at 35 years as on the date of application.
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