Constitution Bench of five judges to decide whether the issuance of limited promotional opportunities for entry-level judicial officers warrants a referral to a larger bench

A five-judge Constitution Bench of the Supreme Court said on Tuesday (Oct 14, 2025) that it would consider whether issues relating to the limited promotional opportunities available to entry-level judicial officers should be referred to a larger bench.

A 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 case has raised concerns over stagnation in career development and disparity in pay and promotion opportunities among officials in the subordinate judiciary.

On October 7, the Supreme Court had referred questions relating to career stagnation in the lower judiciary to a five-judge Constitution Bench for authoritative determination.

During the brief hearing, senior advocate R. Basant pointed out that two other Constitution benches had already taken positions on similar issues. “Two Constitution Benches have taken a stand. So we have to see if a bench of five judges can take up the matter. Your Honor may consider constituting a larger bench as the entire exercise cannot be rendered futile,” he added.

Senior Advocate Siddharth Bhatnagar, appearing as friend of the courtinformed the Bench that several applications for intervention had been filed – both in support of and against the proposal to grant judicial officers better promotional opportunities. He had earlier proposed to reserve a certain percentage of the posts in the cadre of Chief District Judges for officers promoted from the Judicial Magistrate First Class (JMFC) and the cadres of Civil Judges.

The Bench took note of the series of submissions and said it would provide a comprehensive view of the issue of career stagnation in the lower judiciary. It appointed lawyers Mayuri Raghuvanshi and Manu Krishnan as central advisors to the respective parties to coordinate written submissions and prepare compilations. The court determined that written submissions must be submitted by October 27 and that oral arguments would take place on October 28 and 29.

Earlier, Chief Justice Gavai had noted that a “comprehensive solution” was needed to address the limited promotional opportunities available to those joining the judiciary at the lowest levels. The court had also taken note of “divergent views” expressed by different High Courts and state governments in their responses to notices on the petitions.

The court had pointed out the “abnormal situation” prevailing in many states, where judicial officers who start their careers as JMFCs often retire without ever reaching the post of Principal District Judge (PDJ), let alone an elevation to the High Court Bench.