Supreme Court directs High Courts to maintain 1/3rd quota for service judges, denies 50% quota for Bar Vacancies

May 23, 2023

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Supreme Court of India: The Delhi High Court was criticized by a bench of Justices B.R. Gavai, Vikram Nath and Sanjay Karol for not appearing in court for a matter related to the filling of judicial vacancies. The Court was hearing a writ petition filed by the All India Judges Association seeking directions for filling judicial vacancies.

The bench noted that despite the matter being of utmost importance, the Delhi High Court was not represented. The Registrar (Judicial) was directed to inform the Registrar General of the High Court of Delhi to remain present in the Court at 12.05 P.M.

The Court observed that the neglectful attitude of the Delhi High Court was unacceptable and directed the Registry of the High Court of Delhi, as well as its lawyers, to ensure they are present when their matters are listed before the Supreme Court.

The bench further addressed three prayers sought by the All India Judges Association:

To direct High Courts to fill vacancies from service judges or the bench up to 50% of their total strength of judges if a vacancy from the Bar Quota has been lying vacant for more than 6 months.
To issue appropriate directions to High Courts to fill the vacancies from the Judicial Service Quota as expeditiously as possible; and
To clarify and ensure that the ratio of quota of judges from the Service Judges/Bench remains the same in any given High Court at least to 1/3rd of the total vacancies in that High Court, irrespective of transfer to or from such a High Court.

The Court declined the first prayer and left it open to the applicants to pursue remedies before such forum as is permissible in law. However, the bench found the requests made in prayers (ii) and (iii) to be reasonable, given the requirement to fill 1/3rd of total vacancies in a particular High Court from the cadre of District & Sessions Judges.

The Court expected High Courts to strictly maintain that ratio and requested all High Courts to take immediate steps in recommending the names for elevation from the service cadre prior to the occurrence of such vacancies, so that there is no delay in elevation of Judges from the service cadre. With these observations and directions, the application was disposed of.

DATED 24.03.2023

ALL INDIA JUDGES ASSOCIATION & ORS. vs UNION OF INDIA & ORS.

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