Millennium Post

Members of lower judiciary not eligible for district judges by direct recruitment: SC

New Delhi: The Supreme Court on Wednesday ruled that member of subordinate judiciary services will not be eligible for appointment as District judges by way of direct recruitment.

A bench headed by Justice Arun Mishra said appointments for the posts of district judges is limited for lawyers who have a minimum of seven years of experience of continued practice at the Bar.

The bench while interpreting Article 233 sub clause 2 of the Constitution said the provision bars candidates who are in judicial service to be considered for appointment by direct recruitment of district judges.

Article 233 sub clause 2 states that a person who is already in the service of the Union or of the State shall not be eligible to be appointed as a district judge.

The provision also says that a person to be eligible for the post of district Judge should have not less than seven years of practice as an advocate or a pleader and is recommended by the High Court for appointment.

The top court said members of subordinate judiciary can, however, be considered for the post of district Judge by way of promotion.

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