Five-judge Constitution Bench to decide if issue of limited promotional avenues for entry-level judicial officers warrants reference to larger Bench

The Supreme Court’s five-judge Constitution Bench said on Tuesday, October 14, 2025, that it will consider whether issues related to the limited promotion paths available to entry-level judicial officers should be referred to a larger Bench.

The bench, comprising Chief Justice of India BR Gavai and Justices Surya Kant, Vikram Nath, K. Vinod Chandran and Joymalya Bagchi, was hearing a plea filed by the All India Judges Association. The long-pending issue raises concerns about stagnation in career progression among lower-level civil servants and inequalities in pay and promotion opportunities.

On October 7, the top court had referred questions regarding career stagnation in the lower judiciary to the five-judge Constitutional Bench for authoritative decision.

During the short hearing, senior lawyer R. Basant stated that two other Constitutional Benches had also taken opinions on similar issues. “Two Constitutional Benches have taken their views. Therefore, we need to see whether a Bench of five judges can deal with this matter. Your Lordships may consider constituting a larger Bench, as the entire exercise cannot be rendered in vain,” he said.

Senior advocate Siddharth Bhatnagar looks like this: friendly curiaeHe informed the Board that a number of intervention applications had been submitted both in support of and opposing the proposal to give enhanced promotion opportunities to judicial officers. It had earlier suggested that a certain percentage of posts in the cadre of Chief District Judges be reserved for officers promoted from the cadre of Judicial Magistrate First Class (JMFC) and Civil Judge.

Taking into account the diversity of applications, the Board said that the issue of career stagnation in the lower judiciary will be addressed comprehensively. It appointed advocates Mayuri Raghuvanshi and Manu Krishnan as joint advisors to the parties involved to coordinate written submissions and prepare compilations. The court decided that written applications would be made until October 27, and oral arguments would be held until October 28 and 29.

Earlier, Chief Justice Gavai had observed that a “comprehensive solution” was needed to address the limited promotional avenues available to those entering the judiciary at the lowest level. The court also noted the “divergent views” expressed in the responses of various High Courts and State governments to the notifications issued in the petitions.

The court had flagged the “abnormal situation” prevailing in many States where judicial officers who started their careers as JMFCs often retired before even reaching the post of Principal District Judge (PDJ), let alone ascending to the Supreme Court Bench.