Today, the Supreme Court referred the issue pertaining to lack of promotional opportunities to the Judicial Officers recruited as Judicial Magistrate First Class (JMFC) to the Constitution Bench of five Judges.

The Bench of Chief Justice B.R Gavai and Justice K. Vinod Chandran was hearing the matter and observed, "In any case, in order to put the entire controversy to rest and to provide a permanent solution for a long time, we are of the considered view that it will be appropriate that the issue is considered by a Constitution Bench consisting of 5-judges."

Senior Advocate Siddharth Bhatnagar, the Amicus Curiae in the case, apprised the Court that often Judicial Officers recruited as Judicial Magistrate First Class (JMFC) does not reach to the level of the Principal District Judge. The amicus suggested that certain percentage of posts can be reserved from the cadre of Principal District Judges for the promotion of Judges.

The Bench, while recording the order, also underscored that in most of the States, Judicial Officers recruited as JMFC often do not even reach the position of Principal District Judge. The Court also noted that response has been filed by High Courts in the matter.

"Some of the High Courts have taken a view that on account of the prevailing situation, the Judges who initially enter into the Junior Division are not in the position to reach up to the position of Principal District Judges. In very rare circumstances, they reach up to High Court", the Bench recorded in its Order.

The Bench emphasised that every judicial officer has an aspiration to reach at least up to the position of a High Court Judge and observed that a balance has to be maintained, keeping in mind the previous orders passed by the Supreme Court.

"In any case, in order to put the entire controversy to rest and to provide a permanent solution for a long time, we are of the considered view that it will be appropriate that the issue is considered by a Constitution Bench consisting of 5-judges." the Bench observed.

The Court also allowed all the intervention applications filed in the matter.

Cause Title: All India Judges Association v. Union of India (W.P. (C) No. 1022/1989)

Chief Justice B.R GavaiJustice K. Vinod Chandran

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.