The Supreme Court on Tuesday directed all High Courts across the country to recommend names for elevation of service quota judges prior to vacancies arising, so that there was no delay in their elevation.
The Bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol passed the order while disposing of an intervention application filed by the Judicial Service Association of Delhi (JSAD) in a petition concerning the service conditions of High Courts and district judges.
The Apex Court observed that it cannot issue directions to have 50 percent of High Court judges appointed from the service quota, which meant either from the judicial services or the district judiciary.
Earlier on February 28, the Bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol had said that the norm of having one-third of High Court judges from the district judiciary (service quota) along with the rest from practicing lawyers (the Bar), should be maintained and followed.
While recording its view in the order, the Apex Court had issued notice to all Registrar Generals of all High Courts and Chief Secretaries of all States, seeking their response on the matter.
As per the current norm, two-third of High Court judges are appointed from the Bar (practicing advocates), while the rest one-third are elevated from the State judicial services.
The Supreme Court had directed the 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.
The top court of the country ruled that it wanted the bar-service ratio to be maintained and requested the Chief Justices of High Courts to keep the same in mind while making recommendations.
The Apex Court was hearing an application to have 50 percent of High Court judges to be appointed from the service quota, which meant either from the judicial services or the district judiciary.
In the beginning of the month, the Court had sought the response of the Union Law Ministry and the Delhi High Court in the matter.
An 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.