advocate to judge - The Legal Chamber

The Supreme Court disposed of appeals challenging the constitutional validity of the Telangana State Judicial Service Rules, 2023. While keeping all legal questions open, it granted a one-time exception, directing the High Court to declare results and appoint the qualified appellants without treating the order as a precedent, thereby resolving the immediate recruitment impasse. Facts Of The Case: The case originated from a recruitment process for District Judges in Telangana. The appellants, advocates, had applied in April 2023 under the then-existing rules. However, in June 2023, the state introduced new rules, the Telangana State Judicial Service Rules, 2023. A key provision, Rule 5(5.1)(a), restricted eligibility to advocates who had been practicing specifically in the High Court of T...

The Supreme Court referred to a 5-Judge Constitution Bench the interpretation of Article 233(2) of the Constitution. It identified two substantial questions of law concerning the eligibility of judicial officers with prior bar experience for direct recruitment as District Judges, and the relevant time for determining such eligibility. Facts Of The Case: The present batch of petitions primarily sought a review of the Supreme Court's 2020 judgment in Dheeraj Mor v. Hon’ble High Court of Delhi. In that decision, a three-judge bench had upheld rules that barred members of the state judicial service from applying for the posts of District Judges reserved for direct recruitment from the bar under Article 233(2) of the Constitution. The review petitioners, along with other connected writ petiti...

Tag: advocate to judge

Supreme Court’s One-Time Relief: Telangana Allowed to Appoint Judges Despite Rule Dispute

Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?