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Supreme Court Probes Article 233 Eligibility as 4,789 District Judiciary Posts Remain Vacant

Petitioners urge an integrated approach that credits earlier practice as advocates toward bar-quota entry for district judges.

Overview

  • A five-judge Constitution Bench led by Chief Justice B.R. Gavai continued hearings on whether prior bar practice can be counted for district-judge appointments reserved for advocates.
  • Official data placed before the court recorded 4,789 vacancies out of 25,870 sanctioned posts in the subordinate judiciary nationwide.
  • Senior advocate Menaka Guruswamy argued that bar and bench experience should be treated as equivalent under the Constitution’s scheme for an integrated judiciary.
  • Senior advocate Gopal Sankaranarayanan contended that, absent any exclusion in Article 233, years spent as an advocate should be aggregated with in-service experience.
  • Justices M.M. Sundresh and S.C. Sharma tested the limits of this reading, citing concerns about in-service officers gaining an unfair edge over advocates, and the bench indicated it may reserve judgment after hearing 30 pleas.