LI Network
Published on: January 11, 2024 at 10:00 IST
In a recent judgment on the All India Judges Association case, the Supreme Court rejected the notion that judicial officers’ pay and allowances should be on par with other government officers, emphasizing the unique nature of judicial service.
The Court, led by Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, stated that judges perform sovereign state functions, distinct from administrative executives, and cannot be equated with other government officers.
The judgment underlines the separation of powers, emphasizing that judges are comparable to members of the legislature and executive, rather than employees of the state.
Addressing the plea for equivalence, the court expressed that it would be inappropriate to equate judicial service with other state officers, citing the distinctive functions, duties, and restrictions associated with the judicial service.
The Court also dismissed the argument put forth by states that service conditions should be based on individual state rules. It emphasized the need for uniformity in the service conditions of judicial officers across the country, stating that the constitutional scheme envisions a unified judiciary for uniform, effective, and efficient functioning.
Setting a deadline of February 29, 2024, the Supreme Court directed states to pay arrears to judicial officers based on the recommendations of the Second National Judicial Pay Commission (SNJPC).
Additionally, the Court instructed High Courts to establish a ‘Committee for Service Conditions of the District Judiciary’ to oversee the implementation, comprising two High Court judges, the Law Secretary/Legal Remembrancer, the Registrar General of the High Court, and a retired judicial officer in the cadre of District Judge nominated by the Chief Justice.
The judgment reflects the Court’s commitment to maintaining the distinctiveness and uniformity of judicial service conditions throughout the nation.
