GUWAHATI HIGH COURT UPHELD THE MINIMUM AGE REQUIREMENT FOR THE APPOINTMENT OF DISTRICT JUDGES IN ASSAM

The Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia of the Gauhati High Court upheld the minimum age criteria for the appointment of District Judges in the State of Assam. "Rule 7 of the Assam Judicial Service Rules of 2003 ("Assam Rules") providing the judicial officers to be at least 35 years of age, is not arbitrary."

Advocate Pooja Agarwal, the petitioner, had stated in earlier hearings that the minimum age criteria are illegal as neither the Constitution nor the other state rules provide for the same. Rule 7 of the Assam Rules provides that among other qualifications, the candidate must be at least 35 years of age, but under 45. This provision is " contrary to Article 233 of the Constitution as it provides that no person shall be qualified to be a District Judge if he has been for not less than 7 years an advocate/ pleader." Article 233 clarifies that the only eligibility criteria is to have 7 years of experience as an advocate. 

The petitioner further contended that in the ordinary career of a law graduate, by the age of 31, they would have completed the seven years of practice. By age 35, they would be eligible for appointment as High Court judges by completing the minimum 10-year qualification needed. "Hence, it is highly absurd that the minimum experience required to be District Judge is more than that required experience to be a High Court Judge." 

The Petitioner urged the bench to strike down the Assam Rule.