Question 1

The Central Government passes uniform laws for the recruitment and seniority of district judges across India.

Accepted Answer

The subordinate judiciary is a state subject; appointments and rules are governed by State Governments in consultation with respective High Courts under Articles 233-235. The Supreme Court stepped in via Article 142 to mandate this uniformity.

Question 2

Promotee judges receive seniority weightage for the years they spent serving as Civil Judges before entering the Higher Judicial Service.

Accepted Answer

The Supreme Court explicitly rejected giving weightage to prior service, ruling that the 'birthmark' of entry is erased once joining the HJS common cadre.

Question 3

Consider the following statements regarding the Supreme Court's 2025 judgment on the Higher Judicial Service (HJS) seniority:
1. The Court established a 4-point roster in the sequence of 1 Regular Promotee, 2 LDCE, and 1 Direct Recruit.
2. The Supreme Court invoked its extraordinary powers under Article 142 to direct all States to amend their statutory rules.
3. The Court ruled that an officer's years of service in the lower judiciary must be given proportional weightage for further career progression within the HJS.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect: the correct sequence is 2 Regular Promotees (RP), 1 LDCE, 1 Direct Recruit (DR). Statement 2 is correct: the SC invoked Article 142 to compel uniform amendments across states. Statement 3 is incorrect: the SC explicitly rejected weightage for prior service in the lower judiciary, stating the 'birthmark' of entry is erased upon joining HJS.

Question 4

Match the following constitutional provisions and mechanisms with their application in the context of the district judiciary:
| List I | List II |
| 1. Article 233 | A. Supreme Court's extraordinary power to enforce a national seniority roster |
| 2. Article 235 | B. Appointment of District Judges by the Governor in consultation with the High Court |
| 3. Article 142 | C. Accelerated promotion pathway into the Higher Judicial Service |
| 4. LDCE | D. High Court's administrative control over the subordinate judiciary |

Accepted Answer

(a) 1-B, 2-D, 3-A, 4-C — Article 233 governs the appointment of District Judges (B). Article 235 vests control over subordinate courts with the High Court (D). Article 142 allows the Supreme Court to pass decrees to do complete justice, used here to enforce the nationwide roster (A). LDCE stands for Limited Departmental Competitive Examination, a fast-track promotion method for civil judges (C).

Question 5

Assertion (A): In the 2025 All India Judges Association judgment, the Supreme Court rejected the demand to create quotas for promotee judges for further advancement to the Selection Grade and Super Time Scale within the Higher Judicial Service.
Reason (R): The Court held that once officers from different streams enter the unified Higher Judicial Service, their source of recruitment becomes irrelevant, and further promotions must strictly follow merit-cum-seniority.
Select the correct answer:

Accepted Answer

(a) Both A and R are correct, and R is the correct explanation of A. — The Supreme Court dismissed the promotees' demand for specific quotas or weightage for prior service in the lower courts. The underlying rationale (Reason) was the 'erasure of the birthmark' principle - once integrated into the HJS, all judges form a common unified cadre where career progression is governed uniformly by merit-cum-seniority.

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