On Tuesday, the Supreme Court has prima-facie opined that the norm of appointing one-third of High Court Judges from the district judiciary through the Service Quota and sourcing the remaining ones from Bar should be continued.
A three-judge bench of Justice BR Gavai, Justice Vikram Nath, and Justice Sanjay Karol recorded the prima facie view that the status -quo should be maintained and followed while also seeking responses of all High Courts and State Governments in the matter.
The Court also requested Chief Justices to keep the ratio as prescribed by the norm in mind while making recommendations to the Supreme Court Collegium for the appointment and transfer of High Court judges.
"Before passing orders in the matter, it will be appropriate to hear all the State governments and High Courts. Issue notice to all the Registrar-Generals of HCs and Chief Secretaries of States, returnable on April 18. We are prima facie of the view that the bar-service ratio needs to be maintained. We would request the Chief Justices of the High Courts to keep the same in mind while making recommendations," the Court stated.
The petitioner herein has argued that the ratio should be raised and 50% of the High Court Judges should to be appointed from the service quota, i.e. from the judicial services or the district judiciary.
The Court has already sought response from Union Law Minsitry and the Delhi High Court in the matter, earlier in the month.
The case orginially has been filed by All India Judges Association while an intervention application was filed by the Judicial Service Association of Delhi (JSAD) concerning the service conditions of those on the bench in the High Courts as well as the district judiciary.
The application raised an interesting point that though the constitution is quiet on ratio/quota of High Court appointees from the judicial service or the bar, Article 217(2) of the Constitution which governs the area of appointment and conditions of the office of High Court Judge mentions 'service judges' first.
It has therefore being contended that the reference in the Constitution is 'service judges' being the first choice. It has been further argued that increasing the ratio of service judges will increase the disposal rate and result in better judgments (given that lowers courts are subordinate to High Courts, service judges are tested and supervised over time).
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