All India Judges Association v. Union of India ( Issue No 1)

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All India Judges Association v. Union of India

Citation: 2025 INSC 735 (20 May 2025)
Bench: Chief Justice B.R. Gavai
Jurisdiction: Inherent/Original – Writ Petition (C) No. 1022 of 1989
Applications Considered: I.A. Nos. 93974/2019, 72900, 73015, 40695/2021, 50269, 201893/2022


Issue No 1

Whether the 10% quota reserved for Limited Departmental Competitive Examination (LDCE) for promotion to the Higher Judicial Service (District Judge cadre) should be restored to 25% as originally directed in the 2002 judgment.


Background

  • In the 2002 judgment (Third AIJA Case), the Court directed that:
    • 50% of District Judge posts be filled by promotion (merit-cum-seniority with suitability test),
    • 25% through LDCE (Civil Judges (Senior Division) with 5 years’ experience),
    • 25% by direct recruitment from the Bar.
  • Due to implementation difficulties and unfilled vacancies, the Court in 2010 (Fourth AIJA Case) reduced the LDCE quota to 10%.
  • Several States later sought restoration of the 25% LDCE quota, citing improved eligibility pools.


Court’s Analysis

  • The Court reviewed the historical evolution of the LDCE quota and the Shetty Commission’s recommendations.
  • It noted that while the 25% LDCE quota was well-intentioned, many High Courts faced challenges in filling these posts due to:
    • Insufficient eligible candidates,
    • Lack of fallback rules for unfilled vacancies,
    • Early promotions under the 50% merit-cum-seniority route.
  • However, some High Courts (e.g., Kerala, Patna, Chhattisgarh) now support restoring the 25% quota, provided unfilled seats revert to regular promotion.
  • The Court acknowledged that restoring the quota would incentivize meritorious officers and improve the quality of the Higher Judicial Service.
  • It also recognized that the eligibility requirement of 5 years as Civil Judge (Senior Division) was a bottleneck, which it addressed under Issue No.2.


Conclusion on Issue No 1

  • The Supreme Court held that the LDCE quota shall be restored to 25% of the cadre strength of District Judges.
  • However, if seats remain unfilled in a given year, they shall revert to the regular promotion quota for that year.
  • This approach balances the need for merit-based advancement with administrative efficiency and ensures no disruption in judicial functioning.


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