50% High Court judges from district judiciary: SC seeks response from Centre, Delhi HC

New Delhi: The Supreme Court on Wednesday asked the Centre to respond on Delhi Judicial Service Association demanding 50% High Court judges from the district judiciary as against the current quota of 33%.

A bench of Justices BR Gavai and Vikram Nath issued the notice on an intervention application filed on the issue by the Judicial Service Association of Delhi (JSAD). The application was filed in a plea concerning the service conditions of those on the bench in the High Courts as well as the district judiciary.

No quota of HC appointees

The JSAD said the Constitution does not speak of any quota of the High Court appointees from the judicial services or the bar, but the service judges are mentioned first in Article 217(2) (appointment and conditions of the office of High Court judge) of the Constitution.

It claimed that this shows that the first choice for elevation should be from the district judiciary.

"The framers of the Constitution have treated both equally while placing more emphasis and responsibility on persons who have held judicial offices," it was submitted.

Better judgements

It was further argued that if more judges are appointed from the district judiciary, it will lead to better disposal of cases as well as better judgments

Given that lowers courts are subordinate to High Courts, service judges are tested and supervised over time. Further, information on writing skills and other credentials of such candidates are readily available, it was pointed out.

It was also submitted that in case of appointees from the bar (lawyers), their conduct is a question of trial and error.