Judicial Reform - The Legal Chamber

Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers

25Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Opens Direct Recruitment for District Judges to In-Service Judicial Officers

Supreme Court , This Constitution Bench judgment overruled prior rulings from Satya Narain Singh to Dheeraj Mor, holding that Article 233(2) of the Constitution does not bar in-service judicial officers from direct recruitment to District Judge posts. It clarifies that eligibility is determined at the time of application and requires a combined seven-year experience as an advocate and judicial officer. Facts Of The Case: The batch of matters arose from conflicting interpretations of Article 233 of the Constitution regarding the eligibility of in-service judicial officers (Civil Judges) for direct recruitment to the post of District Judge. The core legal controversy was triggered by the Supreme Court's earlier decision in Dheeraj Mor v. High Court of Delhi (2020), which held that for di...

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

29Sep

By The Legal ChamberNo Comments

Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

This Supreme Court judgment reiterates the legal imperative for timely pronouncement of reserved judgments to uphold the right to speedy justice. The Supreme Court directed all High Courts to strictly adhere to the guidelines established in Anil Rai v. State of Bihar, mandating a monitoring mechanism by the Registrar General and the Chief Justice to ensure judgments are delivered within three months of being reserved. Facts Of The Case: The appellant, the de-facto complainant in the case, challenged interim orders from the High Court of Judicature at Allahabad concerning a long-pending criminal appeal filed by respondent no. 2 in 2008. The core grievance was the inordinate delay in the High Court's disposal of this criminal appeal. The appeal had initially been heard at length by a Div...

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

14Sep

By The Legal ChamberNo Comments

Supreme Court

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

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...

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

12Aug

By The Legal ChamberNo Comments

Supreme Court

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

The Supreme Court upheld the conviction of the accused under Sections 376, 377, 302 IPC and Section 5/6 POCSO Act for the sexual assault and murder of a minor. However, it commuted the death penalty to life imprisonment, ruling that the case did not meet the "rarest of rare" standard due to insufficient consideration of mitigating circumstances and rehabilitation potential. The Court emphasized the necessity of balancing aggravating and mitigating factors before imposing capital punishment, following precedents like Mohd. Farooq Abdul Gafur and Gudda v. State of M.P., while affirming the reliability of DNA evidence and the last-seen theory in securing conviction. Facts Of The Case: The case involved the brutal sexual assault and murder of a 10-year-old girl in Dehradun, Uttarakhand. On 2...