Tanya Gupta
Published on: March 15, 2022 at 20:20 IST
The Supreme Court Upheld the Delhi High Court’s decision regarding 35 years as a Minimum Age to Apply for the Higher Judicial Services Examination.
The Supreme Court also declared that in Case of selection for the District Judge, prescribing a Minimum Age of 35 Years is not Contrary to the Constitution.
A Bench of Justices Hima Kohli, DY Chandrachud, and AS Bopanna stated that Under Article 233 (2) of the Indian Constitution does not preclude any Minimum Age Requirement, it simply Prescribes the Minimum Qualification that an Advocate must Possess for Selection as a District Judge.
The Bench noted,
“The Constitution being Silent in regard to the Prescription of Minimum Age, the High Courts in exercise of the Rule Making Authority are Entitled to Prescribe such a Requirement.”
“The High Court would be well within their Domain in Prescribing a Requirement which ensures that Candidates with Sufficient Maturity enter the fold of the Higher Judicial Services. The Requirement that a Candidate should be at least 35 years of Age is Intended to subserve this.”
The Bench also stated the Recommendation of the Shetty Commission which has Prescribed 45 years as the Maximum Age and 35 Years as the Minimum Age for the Selection of District Judge.
The Delhi High Court’s Decision was Questioned by a Battery of Senior Advocates Anita Shenoy, AS Chandhiok, dharma Seshadri Naidu, Siddharth Luthra, and others on Behalf of Petitioners.
The Counsel Cited Article 233 (2) of the Indian Constitution and Asserted that after the Minimum Age Requirement was removed by the High Court Itself in 2019 but in February 2022, they Re-Introduced it.
Due to lack of Merit in the Challenge, the Apex Court Dismissed the Petition.
However, Due to fact that the Examinations could not be held in 2020 and 2021, a One-Time Relaxation is being granted to those who have crossed the Maximum Age Mark.
The Last Date for the Application was also Extended to March 26 and the Examination is Deferred to April 3.