A five-judge Constitution Bench of the Supreme Court, led by Chief Justice B.R. Gavai, began hearing arguments on Tuesday (October 28) to determine “the criteria for determining seniority in the cadre of Higher Judicial Services.”

At stake is the system that governs promotions for judges who enter the district judge cadre through two different routes: those promoted from the lower judiciary and those directly recruited from the Bar. The issue affecting career progression stems from the significant age difference between the two streams at the time of entry into the District Judge cadre: direct recruits often join in their mid-30s, while promotees reach the same post in their mid-40s after years of service in lower courts. Since seniority is largely decided by the date of entry (often thro

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