At least one-third of Judges in High Courts should be from district judiciary: Supreme Court expresses prima facie view

The Supreme Court on Tuesday opined that the norm of having one-third of High Court judges from the district judiciary (service quota) with remaining being sourced from practicing lawyers (the Bar), should be maintained and followed. [All India Judges Association vs Union of India and ors].A bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol recorded this prima facie view in its order and further sought the responses of all High Courts and State governments in the matter.The present norm is to have Bar appointees (practicing advocates) ideally constituting two-thirds of High Court benches, with those elevated from the State judicial services forming the rest.The Supreme Court today requested Chief Justices to keep the said ratio in mind while making recommendations to the Supreme Court Collegium for the appointment and transfer of High Court judges."Before passing any orders in this application, we find that it will be appropriate that the view of the State Governments and the High Courts are obtained. Issue notice to the Chief Secretaries of all the State Governments and the Registrar General(s) of the High Courts, returnable on 18.04.2023. We are, however, prima facie, of the view that the ratio of 1/3rd of the Judges who are elevated from the service cadre and 2/3rd of the Judges who are elevated from the Bar needs to be maintained. We request the High Courts to take into consideration this aspect of the matter while recommending the names for elevation.".The top Court was hearing an application to have 50 per cent of High Court judges to be appointed from the service quota, that is, from the judicial services or the district judiciary. Earlier this month, the Court had sought the response of the Union Law Ministry and the Delhi High Court in the matter. .The intervention application was filed by the Judicial Service Association of Delhi (JSAD) in a petition concerning the service conditions of those on the bench in the High Courts as well as the district judiciary.The application stated that while the Constitution does not speak of any ratio/quota of High Court appointees being from the judicial service or the bar, service judges are mentioned first in Article 217(2) (appointment and conditions of the office of High Court Judge) of the Constitution.This, the applicants contended, shows that the first choice for elevation should be from the district judiciary.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, it was added. Further, information on writing skills and other credentials of such candidates are readily available, it was pointed out..The application was filed by JSAD president Rajesh Malik, and drawn by instructing counsel Sachin Jain..[Read order]