Supreme Court Begins Hearing On National Seniority Criteria For Judicial Officers

The Supreme Court of India has initiated hearings to establish uniform nationwide criteria for determining seniority among Higher Judicial Service officers, addressing concerns over the slow and uneven career progression of entry-level judicial officers, specifically civil judges (CJ). A five-judge Constitution bench, led by Chief Justice B R Gavai, recognized that many civil judges do not advance to the rank of Principal District Judge (PDJ) or higher, which discourages talented lawyers from joining the judiciary at the entry level. Senior advocate Siddharth Bhatnagar, acting as amicus curiae, highlighted flaws in the current promotion system, where seniority often prevails over merit due to uniformly positive Annual Confidential Reports, and pointed out the disadvantages faced by promotee judges with extensive experience. The bench is also considering related issues such as whether a separate quota for promotee judges should be implemented to ensure fairer career advancement, and the potential impact of a 1:1 ratio between promotee and direct recruit judges on cadre stratification and age disparities. This long-standing issue stems from a 1989 plea by the All India Judges Association seeking uniformity in pay, service conditions, and career progression across the subordinate judiciary. The case serves as a platform for the Supreme Court to direct reforms in recruitment, promotion, and service conditions to improve the subordinate judiciary nationwide.