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‘District judge postings only via promotion’
Why in news?
- The Supreme Court recently held that subordinate judicial officers cannot apply or compete for direct appointment as District Judge even if they have a previous experience of seven years as an advocate.
More in news
- Other Details:
(1) The only way to become a District Judge is via promotion in accordance with the Rules under Article 234 and proviso to Article 309, said an SC Bench.
(2) Article 234: Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
(3) Article 309: Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
(a) Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
Sources
The Hindu