The long road to becoming a judge: an empirical analysis of litigation around recruitment in India’s lower judiciary

Abstract

ABSTRACT Judicial appointments in India are affected by, inter alia, low sanctioned strength and vacancies. The concern is especially exacerbated in the lower judiciary, where vacancies, estimated at 22%, could be due to procedural bottlenecks in recruitment. This article seeks to understand the issues in lower judiciary recruitment in India by mapping writ petitions on the issue. Of the 322 cases analysed from 2007 till 2017, Rajasthan and Kerala reported the most cases. Issues frequently litigated pertained to eligibility criteria, reservations, and qualifying marks. Most cases (39%) arose even before the first round of examinations was conducted. Nearly 73% cases were dismissed with no directions. We argue that an empirical study of litigation can help determine recruitment challenges, through identifying candidates’ concerns and ways to address such concerns, while serving as an authentic source of grievances related to recruitment.