Visually Impaired Barred from Judicial Service | Supreme Court Seeks Response from Centre & Madhya Pradesh

In response to a letter, a bench led by Chief Justice D Y Chandrachud at the Supreme Court decided Today to convert it into a Public Interest Litigation (PIL). The bench will now scrutinize the Madhya Pradesh judicial services rules that prevent visually impaired candidates from being appointed as judicial officers in the state.

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Visually Impaired Barred from Judicial Service |  Supreme Court Seeks Response from Centre & Madhya Pradesh

NEW DELHI: The Supreme Court of India has taken a proactive step Today (March 7th) by converting a letter into a Public Interest Litigation (PIL) to scrutinize the judicial services rules of Madhya Pradesh. These rules currently prevent visually impaired individuals from being appointed as judicial officers in the state, sparking a debate on discrimination and accessibility in the judiciary.

The bench, led by Chief Justice D Y Chandrachud and including Justices JB Pardiwala and Manoj Misra, has taken this matter into their own hands, demonstrating the judiciary’s commitment to addressing issues of inequality and injustice. Notices have been issued to the Centre, the Registrar General of the Madhya Pradesh High Court, and the state government, marking the beginning of what could be a landmark case in the fight for disability rights.

Visually Impaired Barred from Judicial Service |  Supreme Court Seeks Response from Centre & Madhya Pradesh

To aid in this critical examination, the court has appointed senior advocate Gaurav Agrawal as amicus curiae. His role will be to assist the court in navigating the legal and ethical considerations involved in this case, ensuring that all arguments are thoroughly evaluated.

“The MP Judicial Services Examination (Recruitment and Conditions of Services) Rule 1994 has been amended as a consequence which R 6A completely excludes visually impaired and no-vision candidates from seeking appointment to judicial service,”
-the bench said in its order.

The Chief Justice revealed that the trigger for this judicial review was a letter highlighting the exclusion of visually impaired candidates from the district judiciary in Madhya Pradesh. The letter pointed out a specific amendment in the MP Judicial Services Examination (Recruitment and Conditions of Services) Rule 1994, identified as R 6A, which categorically bars individuals with visual impairments from seeking appointment in the judicial service.

This move by the Supreme Court follows a precedent where the top court had previously overturned a judgment that barred candidates with more than 50 percent visual or hearing disability from entering judicial services. This earlier decision underlines the judiciary’s evolving stance on disability rights and its commitment to ensuring that judicial appointments are accessible to all qualified candidates, regardless of physical disabilities.

The current review of the Madhya Pradesh judicial services rules represents a critical moment in India’s legal history. It challenges longstanding norms and practices that have excluded visually impaired individuals from certain professional roles, particularly within the judiciary. By addressing this issue, the Supreme Court is not only advocating for the rights of visually impaired individuals but also reinforcing the principles of equality and non-discrimination enshrined in the Indian Constitution.

As the legal community and the public await the outcome of this review, the case stands as a beacon of hope for many aspiring judicial officers who have faced barriers due to their disabilities. It underscores the importance of creating a more inclusive and accessible judiciary that reflects the diversity and resilience of the Indian populace.

The Supreme Court’s decision to examine the exclusionary rules of the Madhya Pradesh judicial services is a testament to the judiciary’s role as a guardian of fundamental rights. It reaffirms the belief that justice should be accessible to all, irrespective of physical limitations, and sets a precedent for other states to follow, potentially paving the way for a more inclusive legal system across India.

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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