Tag: Judicial Transparency

Supreme Court Seeks Larger Bench’s View :Can a Serving Judicial Officer Apply as a “Fresh” Judge?
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...
Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary
Supreme Court

Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary

The Supreme Court expunged the strictures passed by the Rajasthan High Court against a judicial officer, emphasizing that higher courts should refrain from making adverse remarks against subordinate judicial officers without providing them an opportunity to be heard. The Court reiterated the principle laid down in Re: ‘K’, A Judicial Officer and Sonu Agnihotri v. Chandra Shekhar & Ors., highlighting that criticism of judicial orders should focus on errors rather than personal conduct. The judgment also recommended incorporating provisions in High Court Rules to mandate disclosure of criminal antecedents in bail applications, ensuring transparency and informed judicial decisions. The appeal was allowed, and the impugned observations were expunged. Facts Of The Case: The case involves ...
Big Win for Judges: Supreme Court Reduces Experience Needed for Higher Judicial Posts
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...
Supreme Court Reforms Senior Advocate Selection: Orders Fresh Rules for Senior Advocate Designation
Supreme Court

Supreme Court Reforms Senior Advocate Selection: Orders Fresh Rules for Senior Advocate Designation

The Supreme Court critically examined the procedure for designation of Senior Advocates under Section 16 of the Advocates Act, 1961, highlighting issues with interviews, point-based evaluation, and secret ballot voting. It emphasized transparency, objectivity, and uniformity in the designation process and referred the matter to the Chief Justice for reconsideration. Facts Of The Case: The case revolves around the process of designating Senior Advocates under Section 16 of the Advocates Act, 1961, as interpreted and modified by the Supreme Court in Indira Jaising v. Supreme Court of India (2017) and subsequent judgments. The issue arose when concerns were raised about the effectiveness and fairness of the guidelines laid down in *Indira Jaising-1* and *Indira Jaising-2*, particularly afte...