SC refers issue of career stagnation of judicial officers to 5-judge Constitution bench

The Supreme Court on Tuesday referred issues related to career stagnation faced by lower judicial officers across the country to a five-judge Constitution bench.

A bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran passed the reference order while hearing a plea filed by the All India Judges Association on issues related to service conditions, pay scales, and career progression of judicial officers.

The CJI observed that a comprehensive solution was needed to address the limited promotional avenues available to those who join the judiciary at entry-level positions.

The bench said that divergent views had been expressed by several high courts and state governments in their responses to the notices earlier issued by the Supreme Court on the issue.

“Some high courts have taken a view that on account of the prevailing situation, the judges who initially enter the service as civil judge, junior division are not in the position to reach up to the post of district judges,” the CJI said.

The bench took note of the “anomalous situation” prevalent in many states, where judicial officers who begin their careers as Judicial Magistrate First Class (JMFC) often retire without ever reaching the post of principal district judge (PDJ), let alone elevation to the high court bench.

However, senior advocate R Basant, representing the opposite view, opposed the proposal, contending that such a move would unfairly disadvantage meritorious candidates aspiring for direct recruitment as district judges.

During the hearing, the CJI acknowledged the concerns raised by both sides but emphasised the need to strike a fair balance.

"A young judicial officer who enters service at the age of 25 or 26 and retires only as an additional district judge will naturally feel some sort of heartburning," the CJI said.

"Some sort of balancing out is needed, some middle way, so that the efficiency of administration of justice is enhanced," he said.

"In any case, to put the entire controversy to rest and to provide a permanent solution, we are of the considered view that the issue is considered by a Constitution bench consisting of five judges," the bench observed. The CJI  said the ultimate concern was to ensure the efficiency of the administration.

He recalled an anecdote shared by Justice Sundresh about his law clerk who joined judicial service but resigned after two years, since there were limited promotion opportunities.