This October, while delivering a judgement on the appointment of judicial officers and advocates as district judges, a five-judge Constitution Bench of the Indian Supreme Court sought to strengthen institutional capacity by broadening the merit-based recruitment system. It raises significant concerns on judicial governance and institutional design that could impact judicial autonomy.

The appointment of lawyers and pleaders as district judges has not received as much attention as the elevation of senior members of the bar to the bench. District judges are appointed under Article 233 of the Constitution, with the process involving advocates and “in-service” judicial officers with a minimum of seven years of experience.

But the appointment of judges to the Supreme Court and High Courts follows a procedure involving the collegium system in which judges hold sway over their own appointments in the higher judiciary. This limits the executive’s control over appointments. However, there are no publicly available criteria for selecting or rejecting candidates.