In a major decision impacting judicial promotions, the Supreme Court has increased the Limited Departmental Competitive Examination (LDCE) quota for promoting Civil Judges (Senior Division) to District Judges from 10% to 25%. This directive applies across all states, and both High Courts and State Governments have been ordered to amend their service rules accordingly.
"All the High Courts and the State Governments in the country shall amend the relevant service Rules to the effect that the quota of reservation for LDCE… is increased to 25%,” the Court ordered.
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A bench led by Chief Justice of India BR Gavai, along with Justice AG Masih and Justice K Vinod Chandran, delivered these directions in the All India Judges Association case.
Additionally, the minimum qualifying service required for a Civil Judge (Senior Division) to appear in the LDCE has been reduced to three years. The Court also stated that judges must have a minimum of seven years of total service (including time as both Junior and Senior Division judges) to be eligible.
Another important update is the reservation of 10% posts in the Civil Judge (Senior Division) for accelerated promotion of Civil Judges (Junior Division). These junior judges can now appear for the LDCE after completing three years of service.
"10% of the posts in the Cadre of Civil Judge (Senior Division) be reserved for accelerated promotion of Civil Judge (Junior Division)… The minimum qualifying service required… shall be three years," the Court said.
The judgment also reinstated the earlier rule that Civil Judge (Junior Division) aspirants must have at least three years of advocacy practice before appointment.
If any reserved LDCE post remains vacant, it will be filled through regular promotion on a merit-cum-seniority basis from the same year’s selection process.
The Court further emphasized that vacancy calculation for LDCE must be based on cadre strength. High Courts and States currently not following this practice must revise their rules.
Lastly, the Court instructed states to frame or amend rules that assess the suitability of candidates for Higher Judicial Service promotion. These rules must include clear criteria such as:
- Legal knowledge and judgment quality
- Five-year ACR (Annual Confidential Report) records
- Case disposal rate
- Viva performance
- General awareness and communication skills
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“All the High Courts and the State Governments… shall frame fresh Rules or amend the existing Rules… keeping in mind factors like legal knowledge, judgment quality, ACRs, disposal rate, viva, and communication,” the Court added.
This judgment is expected to bring greater efficiency and merit-based promotions in the Indian judicial system.
Case : All India Judges Association vs Union of India (Minimum Practice & LDCE issue)
