Relevance: GS-2 : Structure, organization and functioning of the Executive and the Judiciary.

Key Phrases: Article 233(2), administrative authorities, supervisory authority, Shetty Commission, Systematic defects, Procedural delays.

Why in News?

• Supreme Court in High Court of Delhi vs. Nisha Tomar case upheld the minimum age requirement of 35 years for applying for the Delhi Higher Judicial Services Examination.
• Supreme Court also held that the prescription of a minimum age limit for the selection of District Judges is not contrary to the Constitution.
• Court stated the reason that Article 233(2) of Constitution only prescribes a minimum eligibility that an advocate should have at least 7 years’ practice for selection as a District Judge and that this does not preclude the stipulation of a minimum age requirement.

Constitutional Provisions:

• Article 233: Appointment of district judges
• Article 233A: Validation of appointments of, and judgements, etc., delivered by certain district judges
• Article 234: Recruitment of persons other than district judges to the judicial service
• Article 235: Control over subordinate courts
• Article 236: Interpretation
• Article 237: Application of the provisions of this chapter to a certain class or classes of Magistrates.

Appointment of District Judges

• The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State.
• The expression ‘district judge’ includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge.
• Qualifications of district judge:
  • He should not already be in the service of the Central or the state government.
  • He should have been an advocate or a pleader for seven years.
  • He should be recommended by the high court for appointment.
• District Judge
  • The district judge is the district's highest judicial authority with original and appellate authority in both civil and criminal issues.
  • District judge also serves as the sessions judge. He/she is known as the district judge when dealing with civil issues and the sessions judge when dealing with criminal cases.
  • Both judicial and administrative authorities are exercised by the district judge and also have supervisory authority over all of the district's subordinate courts.
  • The High Court hears appeals against his/her directives and judgments. Any penalty, including life imprisonment and capital punishment, can be imposed by the session’s judge (death sentence). However, whether or not there is an appeal, any capital punishment he/she imposes must be confirmed by the High Court.

Concerns Regarding Appointment of Judges:

• Systemic defects
  • Systemic defects in the appointment process leads to larger number of vacancies in the lower judiciary.
  • Exams are not conducted in a regular manner. Also, High Court faces difficulties in finding sufficient numbers of eligible candidates to fill the vacancies.
• Procedural delays
  • There have been delays in calling for applications, conducting examinations as well as declaring the results.
  • Funds are not allocated efficiently to accommodate the newly recruited judges and magistrates.
• Poor coordination
  • Unclear recruitment procedures, and difficulties in coordination between the High Court and State Public Service Commission.
  • Also frequently give rise to disputes and litigations surrounding recruitment, further stalling the process of recruitment.
• Poor budgetary allocation
  • A very small percentage of the budget is allocated for the judiciary. Approximately 12,000 crores are spent annually which is merely 0.01% of the GDP.
• Poor infrastructure
  • From the courtroom to the residences, the infrastructure is poor and inadequate to accommodate the newly appointed judges and magistrates.
• Delay in appointment
  • The recommendations are not made on time and remain pending with the government for years.

Conclusion:

• Subordinate courts perform the most critical judicial functions that affect the life of the common man such as conducting trials, settling civil disputes, and implementing the bare bones of the law.
• Thus the concerns regarding appointment process in subordinate courts should be looked up beyond mere vacancies and the concerned states should take necessary measures to ensure that lower judiciary maintain efficiency and robustness.

Source: Indian Express  Live-Mint

Mains Question:

Q. Recently Supreme Court ruled on minimum age criteria followed for District judge, in this context discuss the constitutional provisions related to appointment in lower judiciary as well as concerns regarding appointment?