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Supreme Court of India 2018-10-03 partly_allowed

Telangana Judges Association & Anr vs Union of India & Ors

Bench: 2 — Ashok Bhushan

In Brief

Following the bifurcation of Andhra Pradesh into two states by the 2014 Reorganisation Act, the Telangana Judges Association challenged the guidelines for allocating judicial officers between the two successor states. The petitioners argued that domicile should be the primary criterion for allocation to protect Telangana judicial officers' promotion prospects. The Supreme Court held that while state reorganisation occurred legitimately, the High Court's jurisdiction over subordinate judiciary (under Article 235) is exclusive and constitutional. The Court approved the High Court's revised allocation guidelines, which prioritize seniority first, then domicile preference, then reverse seniority for remaining posts. The Court rejected arguments that Article 371D (permitting domicile-based civil service recruitment) applies to judiciary, as judicial recruitment is all-India based and independence of judiciary is constitutionally paramount. The judgment balanced statutory rights of officers to exercise options with protection of seniority as a valuable service right.

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Constitutional Law Judicial Administration State Reorganisation Judicial Services Allocation of Officers Bifurcation of Judiciary Article 235 Article 371D Seniority and Promotion Fundamental Rights Separation of Powers Administrative Law

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