The Supreme Court of India, recognizing the need for uniformity in the service conditions of judicial officers nationwide, has mandated the formation of a two-judge committee in each high court. This directive is aimed at overseeing the implementation of the Second National Judicial Pay Commission’s recommendations concerning pay, pension, and other retirement benefits for judicial officers.
Chief Justice of India (CJI) DY Chandrachud, leading the bench which also includes Justice JB Pardiwala and Justice Manoj Misra, emphasized the importance of judicial independence for maintaining public faith in the rule of law. He stated,
“Judicial independence can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity.”
The bench highlighted that both in-service and post-retirement conditions are critical for the dignity and independence of judges, affecting how society perceives the judiciary. They underscored the necessity for secure and dignified service conditions to attract talented individuals to the judiciary.
The Supreme Court expressed serious concern over the delay in revising the service conditions of judicial officers, noting that while officers in other services had their conditions revised as far back as January 1, 2016, judicial officers are still awaiting a decision eight years later. This delay affects not only serving judges but also retired judges and the family pensioners of deceased judges.
The recommendations of the Second National Judicial Pay Commission (SNJPC) encompass various aspects, including pay structure, pension and family pension, allowances, and the establishment of a permanent mechanism for determining the service conditions of the district judiciary.
The apex court stressed the need for a structured framework under the auspices of every high court to institutionalize the implementation of its orders regarding the service conditions of the district judiciary and to implement the SNJPC’s recommendations. Consequently, the court directed the formation of a committee in each high court, named the Committee for Service Conditions of the District Judiciary (CSCDJ).
The CSCDJ will comprise two high court judges nominated by the Chief Justice, including one who has previously served in the district judiciary, the Law Secretary/Legal Remembrancer, the Registrar General of the high court as an ex officio Secretary, and a retired district judge nominated by the Chief Justice to act as a nodal officer for daily grievance redressal. The senior-most judge nominated by the Chief Justice will chair the committee. The Chairperson may include officers from various state government departments and the Accountant General for effective implementation of the SNJPC recommendations.
The CSCDJ’s primary functions include overseeing the proper implementation of the SNJPC’s recommendations, as approved by the Supreme Court, and developing an institutional mechanism for addressing concerns related to pay, pension, and service conditions of the district judiciary. The committee will also ensure that hospitals with necessary facilities are empaneled for each district, setting benchmarks for empanelment and facilitating medical care outside the district if required.
The Supreme Court has set a deadline for the disbursement of arrears of salary, pension, and allowances to judicial officers, retired officers, and family pensioners, to be completed by February 29, 2024. Each committee is required to submit its report to the Supreme Court through the Registrar General of the high court by April 7, 2024. This directive marks a significant step towards addressing the long-standing issues related to the service conditions of judicial officers in India.