NEW DELHI: Undercurrents of two-decade-long discontent over the apex court framing service rules for state judicial officers brimmed over on Wednesday with the Allahabad high court bluntly telling Supreme Court to adopt a "hands-off approach" over the issue.
Allahabad HC, which in the recent past has been censured by Supreme Court for delays in deciding cases, said, "The SC should leave it to the HCs to chalk out the framework for ensuring adequate promotional avenues to career judicial officers and direct recruit district judges . Article 227(1) gives HCs superintendence over district judiciary."
Representing the high court, senior advocate Rakesh Dwivedi said, "Why should the high courts be divested of their authority and duty under the Constitution? It is time to strengthen the HCs, not weaken them. Things have gone too far."
Purpose not to usurp HCs' powers, looking at norms for uniformity: SC
In 2017, the SC had in principle finalised a concept paper advocating that SC should conduct the recruitment test for direct appointee district judges from among advocates. We protested and it was stalled. SC can't be fixing retirement age, quota for the career judicial officers and eligibility", Dwivedi, representing Allahabad HC, said.
A bench of CJI B R Gavai and Justices Surya Kant, Vikram Nath, K Vinod Chandran and Joymalya Bagchi said the concept of an All India Judicial Service is still alive and if it comes to fruition, SC may have some role to play in framing uniform service rules for the district judiciary. Justice Kant, the next CJI, said, "The purpose of present proceedings is not to usurp the powers of HCs in relation to district judiciary. We are considering whether a general guideline is needed to bring in some uniformity in promotions to the post of district judge."
There are states where a person who joins as a civil judge junior division and through the seniority-cum-merit route takes two decades to become a district judge (DJ), but lawyers with 10 years' practice can clear an examination to become district judges. There is a third category under which judicial officers, through limited departmental competitive examination, can become DJs.
The ratio for promotion to DJ's post was 50-25-25 in 2002, which was made 65-25-10 in 2010 and again reverted to 50-25-25 by SC. CJI Gavai said, "We do not even remotely intend to take away powers of the HCs" but asked why Allahabad HC is so averse to a uniform service rule for judicial officers and what suggestions it has to offer.
Dwivedi said, "I am not giving any suggestion but persuading the SC to adopt a hands-off approach on this issue. The service conditions vary from state to state, and HC is in the best position to consider these aspects while framing service rules. SC can interfere in those cases where the HC is unable to manage the affairs of the subordinate judiciary or where the administration of justice in district courts has broken down..." he said, and argued against any quota for judicial officers' promotion to DJ posts.
For Punjab and Haryana HC, senior advocate Maninder Acharya said the present system is working well in the two states and there is no need for SC to create a quota for career judicial officers. For direct-recruit DJs from Kerala, Bihar and Delhi, the advocates supported the argument that SC should not tweak present promotion procedure.
Allahabad HC, which in the recent past has been censured by Supreme Court for delays in deciding cases, said, "The SC should leave it to the HCs to chalk out the framework for ensuring adequate promotional avenues to career judicial officers and direct recruit district judges . Article 227(1) gives HCs superintendence over district judiciary."
Representing the high court, senior advocate Rakesh Dwivedi said, "Why should the high courts be divested of their authority and duty under the Constitution? It is time to strengthen the HCs, not weaken them. Things have gone too far."
Purpose not to usurp HCs' powers, looking at norms for uniformity: SC
In 2017, the SC had in principle finalised a concept paper advocating that SC should conduct the recruitment test for direct appointee district judges from among advocates. We protested and it was stalled. SC can't be fixing retirement age, quota for the career judicial officers and eligibility", Dwivedi, representing Allahabad HC, said.
A bench of CJI B R Gavai and Justices Surya Kant, Vikram Nath, K Vinod Chandran and Joymalya Bagchi said the concept of an All India Judicial Service is still alive and if it comes to fruition, SC may have some role to play in framing uniform service rules for the district judiciary. Justice Kant, the next CJI, said, "The purpose of present proceedings is not to usurp the powers of HCs in relation to district judiciary. We are considering whether a general guideline is needed to bring in some uniformity in promotions to the post of district judge."
There are states where a person who joins as a civil judge junior division and through the seniority-cum-merit route takes two decades to become a district judge (DJ), but lawyers with 10 years' practice can clear an examination to become district judges. There is a third category under which judicial officers, through limited departmental competitive examination, can become DJs.
The ratio for promotion to DJ's post was 50-25-25 in 2002, which was made 65-25-10 in 2010 and again reverted to 50-25-25 by SC. CJI Gavai said, "We do not even remotely intend to take away powers of the HCs" but asked why Allahabad HC is so averse to a uniform service rule for judicial officers and what suggestions it has to offer.
Dwivedi said, "I am not giving any suggestion but persuading the SC to adopt a hands-off approach on this issue. The service conditions vary from state to state, and HC is in the best position to consider these aspects while framing service rules. SC can interfere in those cases where the HC is unable to manage the affairs of the subordinate judiciary or where the administration of justice in district courts has broken down..." he said, and argued against any quota for judicial officers' promotion to DJ posts.
For Punjab and Haryana HC, senior advocate Maninder Acharya said the present system is working well in the two states and there is no need for SC to create a quota for career judicial officers. For direct-recruit DJs from Kerala, Bihar and Delhi, the advocates supported the argument that SC should not tweak present promotion procedure.
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