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23. In Deepak Aggarwal (supra) a three­Judge Bench of this Court considered the provisions of Article 233(2) and held that service in Article 233 to mean judicial service and there is dichotomy of sources of recruitment, namely, (i) from judicial service; and (ii) from the advocate/pleader or in other words from the Bar. The meaning of the term advocate/pleader too has been considered by this Court. The expression “advocate” or “pleader” refers to the members of the Bar practicing law. Relying upon Sushma Suri v. Govt. (NCT of Delhi), (1999) 1 SCC 330, this Court further observed that members of the Bar meant classes of persons who were practicing in a court of law as pleaders or advocates. This Court further held that in Article 233(2), "if he has been for not less than seven years," the present perfect continuous tense is used for a position which began at some time in the past and is continuing. Therefore, one of the essential requirements is that such a person must with requisite period be continuing as an advocate on the date of application. This Court has observed:

102. As regards construction of the expression, “if he has been for not less than seven years an advocate” in Article 233(2) of the Constitution, we think Mr Prashant Bhushan was right in his submission that this expression means seven years as an advocate immediately preceding the application and not seven years any time in the past. This is clear by use of “has been”. The present perfect continuous tense is used for a position which began at sometime in the past and is still continuing. Therefore, one of the essential requirements articulated by the above expression in Article 233(2) is that such person must with requisite period be continuing as an advocate on the date of application.” (emphasis supplied) It is clear from the decision of Deepak Aggarwal (supra) that recruitment from the Bar is only from among practicing advocates and those continuing as advocates on the date of appointment. The submission that the issue of eligibility of in­service candidates did not come up for consideration is of no consequence as provisions of Article 233(2) came up for consideration directly before this Court.

“This is clear by use of ‘has been’. The present perfect continuous tense is used for a position which began at some time in the past and is still continuing. Therefore, one of the essential requirements articulated by the above expression in Article 233 (2) is that such person must with requisite period be continuing as an advocate on the date of application.”

8. It was submitted that besides being unduly narrow, the literal interpretation of Article 233 (2) defeats the broad objective that the framers of the Constitution had in mind, and their intent to bring in the best minds and those with talent, irrespective of whether they were members of the Bar, or holders of judicial office, at the time of commencement of the recruitment process.

“88. As regards construction of the expression, “if he has been for not less than seven years an advocate” in Article 233 (2) of the Constitution, we think Mr. Prashant Bhushan was right in his submission that this expression means seven years as an advocate immediately preceding the application and not seven years any time in the past. This is clear by use of ‘has been’. The present perfect continuous tense is used for a position which began at some time in the past and is still continuing. Therefore, one of the essential requirements articulated by the above expression in Article 233 (2) is that such person must with requisite period be continuing as an advocate on the date of application.