The Supreme Court of India has held that judicial officers who have completed seven years of legal practice before joining the judiciary may be considered eligible for appointment to the post of District Judge under the Bar quota, provided they meet other constitutional criteria.
A Bench comprising Chief Justice B. R. Gavai,Justice K. Vinod Chandran and Justice N. V. Anjaria examined whether such officers who previously worked as practising advocates could be treated as members of the Bar for the purpose of recruitment to higher judicial posts.
The Court observed that prior experience at the Bar cannot be ignored, even if the candidate later joined the judicial service. It emphasized that the interpretation of Article 233(2) of the Constitution— which governs eligibility for District Judge appointments—must be harmonized to recognize genuine Bar experience gained before entry into judicial service.
The issue arose from a petition filed by Rejanish K. V., a judicial officer from Kerala who had practiced as a lawyer for over seven years before joining the lower judiciary. He had applied for the District Judge post under the Bar quota, but his selection was invalidated by the Kerala High Court, citing the 2020 Supreme Court ruling in Dheeraj Mor v. High Court of Delhi. That earlier decision held that a candidate must be a practising advocate both on the date of application and appointment to qualify under the Bar quota.
Questioning this rigid interpretation, the Supreme Court has now referred the matter to a five-judge Constitution Bench to decide whether previous law practice satisfies the requirement under Article 233(2).
The Bench noted that the outcome would have significant implications nationwide, as several states recruit District Judges from both Bar and service streams under separate quotas. The Constitution Bench will clarify whether officers who have shifted from advocacy to judicial service may still compete in the Bar quota based on their earlier experience.
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