The Supreme Court’s recent observations on stagnation in the district judiciary strike at the heart of a systemic malaise that has persisted for decades. The fact that “brilliant judges leave” within a few years of joining service is not just a personnel issue-it is a crisis that directly impacts the quality and speed of justice delivery in India. At present, many civil judges enter the system with merit and enthusiasm but are quickly disillusioned by a painfully slow career progression ladder. It is a matter of grave concern that in several states, judicial officers retire without ever becoming district judges, despite decades of service. When promotions are few, delayed, or unpredictable, talented individuals naturally gravitate towards other options. In a time when young legal minds have ample opportunities in corporate law, academia, or litigation, stagnation in the judicial service is not only unappealing but also unfair.
The structure of judicial appointments, especially under Article 233 of the Constitution, was designed with checks and balances. However, its interpretation and application have created bottlenecks that prevent otherwise eligible judicial officers from advancing. The ongoing hearings before a Constitution Bench reflect the urgency with which the top court views the issue. The questions raised-whether seven years of prior bar practice should count towards eligibility or whether assessment must be done at the time of appointment or application-are not merely technicalities. They go to the root of how India values, nurtures, and retains its judicial talent.
While it is true that appointments in the lower judiciary are primarily a state matter, the time has come for a renewed, coordinated vision across states. Uniform rules for promotion, transparent evaluation, and time-bound career progression are essential if the judiciary is to retain its brightest minds. Without this, the judiciary risks losing many capable judicial officers who see no future in remaining stuck at the lower rungs. The stakes could not be higher. With nearly five crore cases pending across courts, the nation needs more judges who are both motivated and fairly rewarded for their service. Ensuring a clear and timely path of progression is not merely a matter of administrative reform but a constitutional promise of fairness.
The post Stagnation in District Judiciary appeared first on Daily Excelsior.