Revision as of 13:53, 6 February 2014

The selection of district judges

From the archives of The Times of India 2010

Dist judges’ merit quota down 15%

Most Posts To Be Filled On Seniority

Dhananjay Mahapatra | TNN

New Delhi: The merit-based selection window to fill posts of district judges, who are key to the functioning and efficiency of the lower judiciary, will shrink by a huge 15% margin from 2011, the Supreme Court ordered on Tuesday. The large number of vacancies in the posts of district judges, who head the functioning of subordinate courts in the concerned district subordinate judiciary, weighed on the mind of the apex court and it ordered that the merit quota be reduced from 25% to 10% from January 1, 2011.

In 2002, the SC had ordered that of the total vacancies in district judges posts, 50% would be filled by senioritycum-merit from among the senior civil judges while another 25% would be filled by a limited departmental competitive examination to fasttrack promotion for the meritorious among senior civil judges. The rest 25% were filled through direct recruitment from the Bar.

But, the large number of vacancies — in some states more than 50 accumulated over the years under the 25% competition examination quota — made a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan to wear their thinking caps. On one hand, amicus curiae and senior advocate Vijay Hansaria reeled out statistics about the large number of vacancies in the posts of district judges and the mounting pendency of cases, while on the other major high courts — Bombay, Gujarat, Madhya Pradesh, Rajasthan and Orissa — opposed any reduction in the 25% merit-quota in recruitment.

Even those states where the HCs were opposed to reduction in the merit quota, there were a large number of vacancies in district judges posts. However, the court did not interfere with the ongoing process for selection of district judges under the 25% quota. But, what it ordered was that from January 2011, the quota would be reduced from 25% to 10% and if still posts remained vacant, they would be filled through regular promotions.

This means, the quota for selecting district judges through regular promotion would now swell from 50% to 65% of the total vacancy.

'Lower' judiciary

From the archives of The Times of India 2010

Crisis of merit in lower judiciary

Not Enough Qualifying In Competitive Test For District Judge Posts, SC Told

Dhananjay Mahapatra | TNN

New Delhi: Judiciary faces a crisis of merit at a crucial layer as majority of the states are finding it difficult to fill 25% of district judge posts through a limited departmental examination that was devised to give talent a speedy promotion route.

This became clear before the Supreme Court on Tuesday as senior advocate Vijay Hansaria as amicus curiae pointed to the large number of vacancies in district judge posts, which is the highest level in the lower judiciary responsible for fighting the huge pendency of nearly 2.6 crore cases.

The large number of posts falling under the cadre of Higher Judicial Service was mainly vacant due to failure of existing judicial officers to clear the tough departmental competitive test. The situation is so bad that in Tripura, eight posts were advertised under the speedy promotional route but only two candidates applied, Hansaria said.

Taking up an application filed by Rajasthan Judicial Service Officers’ Association through counsel A D N Rao, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said this was the situation in almost all states.

Rao gave a chart of the vacancies under 25% quota for speedy promotion through competitive examination. It said West Bengal had 50 vacancies, Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The apex court had noticed on January 13 that in Bihar, though 16 posts were available, the HC could fill only two.

The bench issued notice to high courts for their response to the proposal — fill the existing vacancies through promotion based on seniority and reduce the competitive examination quota from 25% to 5%.

At present, 50% of posts of district judge are filled through promotion, 25% through direct recruitment from lawyers and 25% through limited departmental examination. Though the bench felt 25% posts through departmental examination could be filled through an all-India competitive examination, it veered around to the idea of reducing the quota.

The HCs have been asked to send their responses to the apex court before April 20, when the matter will be taken up for hearing afresh.

LOWERING THE BAR?

States finding it difficult to fill 25% of district judge posts through limited examination meant to give talent a speedy promotion route Bengal had 50 vacancies, UP 24, Maharashtra 42 and Orissa 12 SC bench issued notice to HCs for their response to proposal to fill existing vacancies through promotion based on seniority and reduce competitive exam quota from 25% to 5% At present, 50% district judge posts filled through promotion, 25% through direct recruitment & 25% through exam