The Supreme Court on Wednesday sought responses from the Union Law Ministry and the Delhi High Court in response to a petition seeking to increase the judicial officers ratio to 50% in the appointment of High Court judges.
A bench of Justices BR Gavai and Vikram Nath issued the notice while hearing an intervention application in the All India Judges Association case.
Currently, judicial officers are appointed to one-third of the HC posts, with the remaining two-thirds filled by members elevated from the bar.
Senior Advocate Rakesh Khanna, along with advocates Sachin Jain and Ajay Kumar Agarwal, represented the applicants, the Judicial Service Association of Delhi, at the hearing on February 7.
According to the application filed by the Judicial Service Association of Delhi, which is based on Article 217 (2) of the Indian Constitution, there are two avenues for elevation as High Court Judges. The first source is someone who has been a judge for at least ten years, and the second source is someone who has been an advocate for at least ten years. These two sources are independent and distinct.
In fact, the applicant pointed out that the first clause of Article 217(2) of the Constitution is about the removal of judicial officers from service. Only the second clause is concerned with elevating advocates from the bar. It argued that the first choice for elevation as a high court judge should be from among the judicial officers.
Furthermore, these appointees to the high court from the subordinate judiciary have been under the constant supervision and guidance of the respective High Court, and their performance has been tested over time, the plea stated.
Aside from that, a judicial officer with many years of experience on the Bench is already a recluse with no political ideology. As a result, the quota open to the District Judiciary in the High Court can be increased to 50% in order to improve the institution and instill citizen confidence in the judiciary.
As a result, the applicant urged the Court to issue orders ensuring that the bar-service ratios are at least maintained in the appointment of High Court Judges, and that vacancies from the service quota are filled as soon as possible.
The matter will be next heard on February 28.
