Supreme Court Hearing on Judicial Seniority Criteria

The Supreme Court of India, through a five-judge Constitution Bench led by Chief Justice B.R. Gavai, is deliberating on the criteria for determining seniority within the cadre of Higher Judicial Services. The hearing focuses on the promotion system for district judges, specifically the disparity between those promoted from the lower judiciary and direct recruits from the Bar.

Issue Overview

• The primary issue stems from the age difference at the point of entry into the District Judge cadre: 
  1. Direct recruits from the Bar typically join in their mid-30s.
  2. Promotees from the lower judiciary reach this level in their mid-40s.
• Promotion eligibility is largely based on the date of entry, disadvantaging promotees, who often fall behind in the seniority list.

Current Challenges

• The system leads to indirect discrimination against promotees.
• Data from High Courts show a significant gap favoring direct recruits for senior positions.
• Promotees often reach senior positions close to retirement, limiting their opportunity for elevation to the High Court.

Statistical Evidence

• In Bihar, out of 91 Principal District and Sessions Judges, 86 are direct recruits and only 5 are promotees.
• In Uttar Pradesh, among 70 District and Sessions Judges, 58 are direct recruits.

Promotion System Analysis

• The Supreme Court's 2002 ruling established a 75% promotion and 25% direct recruitment ratio for the Higher Judicial Service.
• Promotion quotas involve: 
  1. Merit-cum-seniority with a suitability test for 50% of posts.
  2. Limited Departmental Competitive Examination (LDCE) for fast-track promotion, accounting for 25% of posts.
• The 40-point roster system was intended to regulate seniority but has been inconsistently applied by High Courts.

Recent Developments

• In May 2025, the Supreme Court affirmed the LDCE quota at 25% and reduced qualifying service from five to three years for faster progression.
• The court emphasized the need for at least three years of legal practice for entry-level civil judge candidates.
• Promotion quotas must be based on total sanctioned cadre strength rather than current vacancies.

Impact and Significance

The outcome of the Supreme Court's deliberations will influence not just service rules but also the overall career trajectory within the judiciary. Ensuring fair promotion opportunities is crucial for institutional morale and the diversity of judicial experience at higher levels, including the High Court and Supreme Court.

Examples of Judicial Career Progression

• Justice Bela M. Trivedi exemplifies career progression from the City Civil and Sessions Court to the Supreme Court.
• The effectiveness of the promotion system directly impacts the representation of trial court experience at the constitutional level.