A CONSTITUTION BENCH OF THE SUPREME COURT will hear on October 28 and 29 the long-pending issue concerning career stagnation among entry-level judicial officers - Judicial Magistrate First Class/Civil Judge Cadre and whether a percentage of posts in Principal District cadre should be reserved for promotions from the lower judiciary.
A five-judge Bench comprising Chief Justice B.R. Gavai and Justices Surya Kant, Vikram Nath, K. Vinod Chandran, and Joymalya Bagchi will examine how seniority should be determined within the higher judicial service and whether a quota-based promotion system is necessary to ensure progression for judicial officers joining as Civil Judges or Judicial Magistrates.
The Bench scheduled October 28 for submissions supporting the proposal to earmark a portion of Principal District Judge posts for promotees from the lower judiciary, while those opposing it will present arguments on October 29. Advocates Mayuri Raghuvanshi and Manu Krishnan have been appointed nodal counsels for both sides to coordinate and make a single compilation of written submissions.
The reference to the Constitution Bench stems from an earlier October 7 order in the All-India Judges Association case, where concerns were raised about limited promotional opportunities for those joining the judicial services at the entry stage of JMFC/Civil Judge stage within the judicial service.
During the earlier hearings, Amicus Curiae Siddharth Bhatnagar suggested reserving a certain percentage of Principal District Judge posts for promotee officers, arguing that many lower court judges never reach the senior-level judicial posts before retirement.
