The Supreme Court has observed that judicial officers dedicate a significant portion of their careers to serving the judiciary, a commitment that frequently limits their ability to pursue various legal opportunities that are generally accessible to bar members, as reported by Sumit Saxena.
NEW DELHI: The Supreme Court of India, in a significant move, has emphasized the need for dignified working conditions for judicial officers to attract talent to the judiciary. This statement came while the Court was issuing directions for the implementation of the recommendations of the Second National Judicial Pay Commission (SNJPC).
A bench led by Chief Justice of India D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, highlighted the arduous nature of the work that judicial officers undertake. The bench noted,
“The conditions in which judicial officers across the country are required to work are arduous…every judicial officer is required to work both before and after the court working hours.”
This observation underscores the extensive commitment required from judicial officers, often extending beyond standard court hours.
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The Supreme Court expressed concern over the delay in revising the service conditions of judicial officers, contrasting it with other services where revisions have been implemented since January 01, 2016. The bench stated,
“Judicial independence, which is necessary to preserve the faith and confidence of common citizens in the rule of law, can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity.”
The bench further emphasized the importance of post-retirement conditions, which significantly impact the dignity and independence of judicial officers.
“The post-retirement conditions of service have a crucial bearing on the dignity and independence of the office of a judge and how it is perceived by the society,” the bench said.
In addition to these observations, the Supreme Court directed the setting up of a committee in each high court to monitor the implementation of the SNJPC recommendations. The composition of this committee includes two Judges of the High Court, the Law Secretary/Legal Remembrancer, the Registrar General of the High Court, and a retired judicial officer.
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The Court has mandated that all states and union territories comply with these directions expeditiously and ensure disbursements on account of arrears of salary, pension, and allowances due to judicial officers, retired judicial officers, and family pensioners by February 29, 2024. Each ‘Committee for Service Conditions of the District Judiciary’ is required to file a report by April 7, 2024.
This decision by the Supreme Court is a significant step towards ensuring that judicial officers are provided with conditions that offer both security and dignity, thereby making the service a more attractive and viable career option. The Court’s emphasis on financial dignity and uniform service conditions across the country is a crucial move to uphold the independence of the judiciary and the rule of law.
Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015
DOWNLAOD JUDGEMENT:
