SC refers question over additional district judge appointment to Constitution bench

New Delhi: The Supreme Court on Tuesday referred to a five-judge Constitution bench the question if a judicial officer, who has already completed seven years in the bar prior to joining the bench, was entitled to become an additional district judge in view of a vacancy.

The top court also referred the question whether the eligibility for appointment as a district judge was to be considered only at the time of appointment or at the time of application or both.

A bench comprising Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria said the two issues involved substantial question of law with regard to the interpretation of Article 233(2) of the Constitution.

Article 233 deals with appointment of district judges.

"We refer the aforesaid issues for consideration of a constitution bench of five Judges of this court. The Registry is directed to place the matter before the Chief Justice of India on the administrative side for obtaining appropriate orders," the bench said.

The top court passed the order while hearing an appeal filed against a Kerala High Court judgment which set aside the appointment of a district judge on the ground that he was not a practising advocate at the time of appointment and was in judicial service.

The petitioner was a practising lawyer with seven years of experience in the bar when he submitted his application for the post of the district judge.