Tag: judicial appointments

Supreme Court Rules in Favor of Unselected Judge Candidate
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules in Favor of Unselected Judge Candidate

The Supreme Court ruled that Rule 8(2) of the Uttar Pradesh Higher Judicial Service Rules, 1975, applies only when the number of eligible candidates is less than the advertised vacancies. Since one recommended candidate was rejected, the next eligible candidate (appellant) should have been appointed instead of carrying forward the vacancy. The Court emphasized strict adherence to statutory rules in judicial appointments, reinforcing that vacancies must be filled from the existing merit list unless rules explicitly permit otherwise. The judgment clarifies that "selected direct recruits available for appointment" includes candidates next in line if recommended candidates are not approved. Facts Of The Case: The case involved Tosh Kumar Sharma, who participated in the 2016 recruitment proce...
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Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion

The Supreme Court upheld the validity of Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019, which permits the Full Court to designate advocates as Senior Advocates suo motu based on exceptional merit. The Court clarified that such designations must adhere to the principles of fairness, transparency, and objectivity, as outlined in Section 16(2) of the Advocates Act, 1961, and the guidelines in Indira Jaising v. Supreme Court of India. The judgment emphasized that the suo motu power of the Full Court is supplementary to the application-based process and does not undermine the statutory framework. The amended Rule 6(9) was upheld, ensuring alignment with constitutional principles. Facts Of The Case: The case arose from a challenge to the High Court of Oriss...
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Supreme Court Big Consumer Protection Verdict: Tenure, Transparency, and Tribunal Reforms
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Big Consumer Protection Verdict: Tenure, Transparency, and Tribunal Reforms

This Supreme Court judgment addresses the appointment process and tenure of members in State and District Consumer Commissions. It mandates judicial majority in selection committees and a five-year tenure, overturning previous rules. The Court also clarifies that written examinations are not required for judicial members, but are necessary for non-judicial members for both appointment and reappointment. Facts Of The Case: The genesis of this case lies in challenges to the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020. Initially, the Bombay High Court struck down certain rules concerning eligibility criteri...
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Big Win for Judges: Supreme Court Reduces Experience Needed for Higher Judicial Posts
4Jun By The Legal ChamberNo Comments
Supreme Court

Big Win for Judges: Supreme Court Reduces Experience Needed for Higher Judicial Posts

The Supreme Court modified judicial service rules, increasing the Limited Departmental Competitive Examination (LDCE) quota for District Judge promotions from 10% to 25%. It reduced the required experience for LDCE eligibility to 3 years as Civil Judge (Senior Division) and mandated 10% accelerated promotions for Civil Judges (Junior Division). The Court also reinstated a 3-year minimum Bar practice requirement for Civil Judge (Junior Division) aspirants, counting from provisional enrollment. Vacancies under LDCE will be filled via regular promotion if unfilled. States must amend rules within three months to comply. The judgment aims to incentivize merit while ensuring judicial efficiency. Facts Of The Case: The case originated from a series of interlocutory applications (IAs) filed in t...
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