Judicial Bench Vacancy Sparks Constitutional Debate

A five-judge constitution bench is set to hear whether a judicial officer with seven years of bar experience prior to joining the bench is eligible to become an additional district judge. The top court seeks to clarify if eligibility is determined at appointment, application, or both.

A significant legal question is set to be addressed by a five-judge constitution bench this Friday, focusing on whether a judicial officer with prior bar experience qualifies for the position of an additional district judge when a vacancy arises.

The bench, led by Chief Justice of India BR Gavai and including Justices MM Sundresh, Aravind Kumar, SC Sharma, and K Vinod Chandran, will deliberate on this matter. This follows a referral by the Supreme Court on August 12, which questioned whether district judge eligibility should be assessed at the point of appointment, application, or both.

Previously, the court had addressed an appeal against a Kerala High Court ruling that annulled a district judge's appointment because the appointee was not an active advocate at the time of appointment but was in judicial service. The petitioner had seven years of experience when he applied.