EBM News
EBM News

Members of lower judiciary not eligible for direct recruitment as district judges

NEW DELHI:  The Supreme Court on Wednesday ruled that members of subordinate judiciary services will not be eligible for appointment as district judges by way of direct recruitment. A three-judge bench headed by Justice Arun Mishra and also comprising Justices Vineet Saran and S Ravindra Bhat said appointments for the post of a district judge is limited for lawyers who have a minimum of seven years’ experience of continuous practice at the Bar.

The SC, while interpreting Article 233 sub clause 2 of the Constitution, said the provision bars candidates who are in judicial service to be considered for appointment by direct recruitment of district judges.
Article 233 sub clause 2 states that a person who is already in the service of the Union or of the State shall not be eligible to be appointed as a district judge. It further says that a person should have not less than seven years of practice as an advocate or a pleader and should be is recommended by the high court to be eligible for appointment as a district judge.

The bench said members of subordinate judiciary can, however, be considered for the post of district judge by way of promotion. “In providing two streams of recruitment in the appointment of district judges, opportunities are provided not only to in-service candidates but also to practising candidates by the constitutional scheme to excel and to achieve what they aspire,” it said.The court also stressed that another reason for earmarking appointments for members from the Bar was to benefit from the experience gained by practising lawyers.

SC asks Rajasthan to crack down on mining
The Supreme Court Wednesday took strong note of rampant illegal sand mining in Rajasthan and directed the state government, collectors and SPs to take immediate steps to stop it and file an action taken report (ATR) within four weeks. “We find that it is not disputed by anybody that illegal sand mining is rampant in the state of Rajasthan and this cannot be allowed to continue,” the SC said. “Therefore, we direct the state of Rajasthan, District Collectors and SPs (of each district) to take immediate steps to stop illegal sand mining…,” it said. A bench comprising CJI S A Bobde and Justices B R Gavai and Surya Kant also directed the SC appointed Central Empowered Committee  to look into the issue of illegal sand mining in Rajas-than and submit a report.