# ALL INDIA JUDGES' ASSOCIATION v. UNION OF INDIA

- **Citation:** [1991] Supp. 2 S.C.R. 206
- **Court:** Supreme Court of India
- **Decided:** 1991-11-13
- **Bench:** Ranganath Misra, A.M. Ahmadi, P.B. Saw Ant
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/all-india-judges-association-v-union-of-india-11379
- **Pages:** 27

## Headnote

Judicial Service-Subordinate Judiciary-Judge-Duty-Nature.
Judicial Service-Subordinate Judiciary-Role and obligations of
C
District Judge and role and position of rn·a1 Judge in administration of
Justice-Role of High Court in the functioning of subordinate Judiciary,
indicated.
D
E
F
G
H
Constitution of India, 1950-Article 50-Separation of
Judicia~ffect-Judicial Service whether separate class.
Constitution of India, 1950-Articles 233, 234,235, 236, Concurrent
List-Entry I ]-Subordinate Judiciary-Directions for setting up of an
All India .[udicial Service and for bringing about certain service
conditions-Reasons indicated.
Judicial Service-Subordinate Judiciary-Directions for setting up
of an All India Judicial Service and In-service Institute, uniformity in
designations and pay scales, fixation of retirement age at 60 years . facili-
. ties of residential accommodation, transportation and working library at
the residence of Judicial Officer-Reasons indicated.
The petitioners-All India Judges' Association filed an applicatiOn under Article 32 of the Constitution of India for directions of this
Court for setting up of an All India Judicial Service, for bringing
about uniform conditions of service for members of the subordinate
judiciary, provision of residential accommodation, transport facility;
library and in service training for judicial officers.
Disposing of the writ petition, this Court,
HELD: 1.
For a civilised society an enlightened independent
judiciary is totally indispensable. r23 i A]
2.
Rendering justice is a difficult job. Unless the judicial officer
206
WDGES' ASSOCIATION v. U.0.1.
207
bas a reasonably worry free mental condition, it would be difficult to
expect unsoiled justice from bis hands. [223 CJ
3. A judge ought to be wise enough to know that be is fallible
and, therefore, even ready to learn and be courageous enough to acknowledge his errors. The conduct oJ every judicial officer should be
above reproach. He should be coscientious, studious, thorough, courteous, patient, punctual, just, impartial fearless of public clamour, regardless of public praise and indifferent to private, political or partisan influences; he should administer justice according to law, and deal
with bis appointment as a public trust; he sbo111ld not allow other .
affairs or bis private interests to interfere with the~ prompt and proper
performance of bis judicial duties, nor should he administer the office
for the purpose of advancing his personal ambitions or increasing bis.
-popularity. [231 F-H]
4.
Under the Constitution, the concept of Rule of Law came to
be accepted and developed. Article 50 prescribed the guideline of separating "the judiciary from the executive in the p111blic services of the
State". This position is the outcome of recognition of the fact that the
judiciary is a class separate from the executive. {211 DJ
A
B
c
D
5. The Trial Judge is the kingpin in the hforarchical system of
administration of justice. He directly comes in contact with the litigant during the proceedings in Court. On .him lies the responsibility of
building up of the case appropriately and on his lllnderstanding of the
E
matter the cause of justice is first answered. The personality, knowledge, judicial restraint, capacity to maintain dignity are the additional
aspects which go into making the courts' functioning successful. [225
F-G]
6.
The District Judge is the principal judicial officer of the F
district. It is the obligation of the district judge to operate as the
captain of the team both under his direct supervision at the headquarters and in respect of the officers located in different areas within bis
district. Of late, lower or subordinate courts are being established in
the outlying and rural interior. It is the obligation oftbe district judge
to inspect the outlying courts, maintain the proper· judicial tempo and
G
temper of functioning in his district and be responsible for the efficient running of the system. [221 G-222 A]
7. The H

## Text

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A
ALL INDIA JUDGES' ASSOCIATION
v.
UNION OF INDIA
NOVEMBER 13, 1991
B
[RANGANATH MISRA, CJ., A.M. AHMADI AND P.B.
SAW ANT, JJ.]
Judicial Service-Subordinate Judiciary-Judge-Duty-Nature.
Judicial Service-Subordinate Judiciary-Role and obligations of
C
District Judge and role and position of rn·a1 Judge in administration of
Justice-Role of High Court in the functioning of subordinate Judiciary,
indicated.
D
E
F
G
H
Constitution of India, 1950-Article 50-Separation of
Judicia~ffect-Judicial Service whether separate class.
Constitution of India, 1950-Articles 233, 234,235, 236, Concurrent
List-Entry I ]-Subordinate Judiciary-Directions for setting up of an
All India .[udicial Service and for bringing about certain service
conditions-Reasons indicated.
Judicial Service-Subordinate Judiciary-Directions for setting up
of an All India Judicial Service and In-service Institute, uniformity in
designations and pay scales, fixation of retirement age at 60 years . facili-
. ties of residential accommodation, transportation and working library at
the residence of Judicial Officer-Reasons indicated.
The petitioners-All India Judges' Association filed an applicatiOn under Article 32 of the Constitution of India for directions of this
Court for setting up of an All India Judicial Service, for bringing
about uniform conditions of service for members of the subordinate
judiciary, provision of residential accommodation, transport facility;
library and in service training for judicial officers.
Disposing of the writ petition, this Court,
HELD: 1.
For a civilised society an enlightened independent
judiciary is totally indispensable. r23 i A]
2.
Rendering justice is a difficult job. Unless the judicial officer
206
WDGES' ASSOCIATION v. U.0.1.
207
bas a reasonably worry free mental condition, it would be difficult to
expect unsoiled justice from bis hands. [223 CJ
3. A judge ought to be wise enough to know that be is fallible
and, therefore, even ready to learn and be courageous enough to acknowledge his errors. The conduct oJ every judicial officer should be
above reproach. He should be coscientious, studious, thorough, courteous, patient, punctual, just, impartial fearless of public clamour, regardless of public praise and indifferent to private, political or partisan influences; he should administer justice according to law, and deal
with bis appointment as a public trust; he sbo111ld not allow other .
affairs or bis private interests to interfere with the~ prompt and proper
performance of bis judicial duties, nor should he administer the office
for the purpose of advancing his personal ambitions or increasing bis.
-popularity. [231 F-H]
4.
Under the Constitution, the concept of Rule of Law came to
be accepted and developed. Article 50 prescribed the guideline of separating "the judiciary from the executive in the p111blic services of the
State". This position is the outcome of recognition of the fact that the
judiciary is a class separate from the executive. {211 DJ
A
B
c
D
5. The Trial Judge is the kingpin in the hforarchical system of
administration of justice. He directly comes in contact with the litigant during the proceedings in Court. On .him lies the responsibility of
building up of the case appropriately and on his lllnderstanding of the
E
matter the cause of justice is first answered. The personality, knowledge, judicial restraint, capacity to maintain dignity are the additional
aspects which go into making the courts' functioning successful. [225
F-G]
6.
The District Judge is the principal judicial officer of the F
district. It is the obligation of the district judge to operate as the
captain of the team both under his direct supervision at the headquarters and in respect of the officers located in different areas within bis
district. Of late, lower or subordinate courts are being established in
the outlying and rural interior. It is the obligation oftbe district judge
to inspect the outlying courts, maintain the proper· judicial tempo and
G
temper of functioning in his district and be responsible for the efficient running of the system. [221 G-222 A]
7. The High Courts must take greater interest in the proper
functioning of the subordinate judiciary. Inspection should not be a
matter of casual attention. The Constitution has vested the control of H
208
SUPREME COURT REPORTS
(1991] SUPP. 2 S.C.R.
A
the1 subordinate judiciary under Article 235 in the High Court as a
wltole1 and not its Chief Justice alone. Every Judge should, therefore,
take ,adequate interest in the institution which is placed under the
control of the High Court. The administrative control of the subordinate courts of the State vests not in the Chief Justice alone but in the
Court over which the Chief Justice presides. [231 A-CJ
B
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G
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8. There is a marked distinction between the nature of work
which executive officers and judicial officers are \!ailed upon to discharge. The work of the judicial officers is usually sedantry while that
of the executive officer involves a lot of physical movement. This is
particularly so in the lower cadres of both the services. In view of this
feature physical fitness is more important for an executive officer than
in case of a judicial officer while in case of judicial officers, there is
thus necessarily more of mental activity than physical. Experience is
an indispensable factor and subject to the basic physical fitness with
growing age experience grows. [217 D-E]
9. Today a judicial officer always looks at life in a comparative
way with administrative officers of his age. Professional income at the
Bar has tremendously swelled up. Very often counsel's ·fee per day
equals to the salary of a judicial officer for a full month or even a
longer period. This great disparity affects peace and equilibrium in
the judicial operation. [227 DJ
10. It is absolutely necessary that the Judge enjoys freedom from
personal worries. A reasonable salary appropriate allowances and manageable living conditions are, therefore, required to be provided. [226
E]
11. An A!I India Judical Service should be set up and the Union
of India should take appropriate steps in this regard. [232 CJ
12. Steps should be taken to bring about uniformity in designation of officers both in civil and the criminal side by 31.3.1993. [232 C)
13. Retirement age of judicial officers be raised to 60 years and
appropriate steps be taken by 31.12.1992. (232 CJ
14. As and when the Pay Commissions/Committees are set up in
the States and Union Territories; the question of appropriate pay scales
of judicial officers be specifically referred and considered. (232 DJ
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JUDGES' ASSOCIATION v. U.0.1.
209
1S. A working library at the residence of every judicial oTficer
A
has to be provided by 30.6.1992. Provision for sumptuary allowance·
bas to be made. [232 DJ
16. Residential accommodation to every judicial officer has to be
provided and until State accommodation is available. Government should
provide requisitioned accommodation for them by 31 .. 12.1992. In proB
viding residential accommodation, availability of an office room should
be kept in view. (232 E]
17. Every District Judge and Chief Judicial Magistrate should
have a State vehicle, Judicial officers in sets of S should have a pool
vehicle and others would be entitled to suitable loam> to acquire two
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wheeler automobiles within different time limits. [232 F]
18. In service Insititute should be set up within one year at the
Central and State or Union Territory level. [232 G)
The Law Commission of India - 14th Report, 1958 Judges : by D
Professor Pannick; Law Commission of India, 11th Report-referred to.
Moti Ram Deka, etc. v. The General Manager, North East Frontier
Railway, Maligaon, Pandu, etc., [1964) S SCR 683; Secretary, Government of Madras, Home Department and Another v. Zenith Lamps and
Electrical Ltd .. AIR 1973 SC 724; Devi Prasad Shanna and Others v.
E
The King Emperor, 10 IA 216; Baradakanta Mishra v. The Registrar of
Orissa, High Court and Another, (1974) 2 SCR 282, referred to.
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1022of1989.
(Under Article 32 of the Constitution of India).
Sri Ramulu, A.T.M. Sampath, A.K Srl~astava and Raju Ramchandran
for the Petitioners.
F
Tapas Ray, R.N. Sachthey, P.S. Poti, Yogeshwar Prasad, V.C. Mahajan,
U.N. Bachawat, A.S. Nambiar, Kailash Vasudev, Ms. A. Subhasbini,
G
Hemantika Walli, Vasudata Talib, Anip Sachthey, T.T. Kunhikannan, Ms.
Rachna Gupta, Mrs. S. Dikshit, Ms. S. Janani, Ms. Urmila Kapoor, M.
Veerappa; K.H. Nobin Singh, Ashok Singh, S.K. Agnihotri, Aruneshwar
Gupta, K.C. Bajaj, Ms. Renu George, K. Chaudhary, A.S. Bhasme, H.S.
Munjral, 0.1(. Bansal, R. Mohan, .P.K. Manohar, Ms. S. Vasudevan, B.
Parthasarthy, V. Krishnamurthy; A.K~ Panda, J. R. Das, D.K. Sinha, D.N.
H
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SUPREME COURT REPORTS
(1991] SUPP. 2 S.C.R.
A
Mukherjee, Gopal Singh, P. Chowdhary, Indra Makwana and K. Swamy
for the Respondents.
The Judgment of the Court was delivered by
RANGANATH MISHRA, CJ. This application under Article 32
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of the Constitutaon is by the All India Judges, Association and . its
working President for reliefs through directions for setting up of an All
India Judicial Service and for bringing about uniform conditions of
service for members of the subordinate judiciary throughout the country.
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Rule having been granted, notice was issued to the Union of India
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and all the States and Union territories. Most of them have responded by
making returns to the Rule. A few of the States have taken the stand that
they would accept whatever this Court ultimately decides. while others
have placed their view points and yet some others have objected to the
reliefs claimed.
Mr. Sri Ramulu, Chairman of the All india Judges, Association personally appeared at the hearing. Mr. Raju Ramchandran on our request
appeared to support the petition as amicus curiae. At the hearing the
standing Counsel for the several states and Union Territories have also
been heard.
The plea for setting up of an All India Judicial Service . was not
seriously pressed and reliefs on the following heads were claimed:
l.
Uniformity in the Judicial cadres in the different States and Union Territories;
F
2.
An appropriate enhanced. uniform age of retirement for the JudiG
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ci~l Officers throughout the country;
3.
Uniform pay scales as far as possible to be fixed;
4.
Residential accommodation to be provided to every Judicial Officer.
5.
Transport facility to be made available and conveyance allowance provided.
6.
Adequate perks by way of Library Allowance, Residential Office
Allowance .and Somptuary Allowance to be provided.
·
7.
Provision fQr inservice training to be made.
Administration of justice and organisation of courts was a provincial
subject under the Government of India Act, 1935. The Constitution adopted ·
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nJDGES' ASSOCIATION v. U.O.l. [MISRA, CJ.]
211
the same scheme by providing in Entry 3 of List II of the Seventh SchedA
ule the subject of administration of justice, constitution and organisation
of all courts excepting the Supreme Court and the High Courts as a State
subject. It was only under the 42nd Amendment in 1977 that Entry 3 from
List II was deleted and the subject as such was taken as Entry 11-A in the
Concurrent List. This had become necessary on account_ofthe recommendation of the Law Commission that an All India Judicial Service should B
be set up.
Prior to independence, the District Judge used to be invariably a
Member of the Indian Civil Service and his position in the district was
superior to that of the District Magistrate. This position: continued until
the Indian Civil Service came to be abolished around 1946-47. This long
C
association of the Civil Service with the judicial manning had led to
service conditions of both to be tied up. Criminal justice at that time was
handled by Magistrates who belonged to the Executive.
Under the Constitution, the concept of Rule of Law came to be
accepted and developed. Article 50 prescribed the guideline of separating
D
the judiciary from the executive in the public services of the State. This
position is the outcome of recognition of the fact that the judiciary is a
class separate from the executive.
The control over the subordinate judiciary has been vested in the
High Court and the administrative control has been construed to be comE
plete and exclusive. Yet, in certain aspects, and particularly in regard to
service conditions, the distinction has not been maintained. That is why
very often when any specific aspect relating to conditions of service is.
taken up or benefits for judicial service is considere:d, comparative basis
between the two is adopted for review. It is high time that this aspect is
appreciated and the administrative authorities remain alive to it.
F
I
We shall first deal with the plea for setting up of an All India
Judicial Service. The Law Commission of India in its 14th Report in the
year 1953 said:
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"If we are to improve the personnel of the subordinate judiciary, we must first take measures to extend or widen our field
of selection so that we can draw from it really capable person.
A radical measure suggested to us was to recruit the judicial
service entirely by a competitive test or examination. It was
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SUPREME COURT REPORTS
(1991] SUPP. 2 S.C.R.
suggested that the higher judiciary could be drawn from such
competitive tests at the aH-India level and the lower judiciary
can be recruited by similar tests held at State level. Those
eligible for these tests would be graduates who have taken a
law degree and the requirement of practice at the Bar should
be done away with.
Such a scheme, it was urged, would result in bringing into the
subordinate judiciary capable young men who now prefer to
obtain immediate remunerative employment in the executive
branch of Government and in private commercial firms. The
scheme, it was pointed out, would bring to the higher subordinate judiciary the best talent available in the country as a
whole, whereas the lower subordinate judiciary would be drawn
from the best talent available in the State".
The Commission proceeded to further state:
"Recruitment to the higher judiciary at the all-India level in
the manner suggested would be a powerful unifying influence
and serve to counteract the existing growing regional tendencies. In this connection, attention may be drawn to the observati()ns made by the States Reorganisation Commission in regard to the creation of the All India ·Services as a major compelling necessity for the nation. The Commission observed:.
"The raison d'etre of creating All India Services, individually
or in groups, is that officers on whom the brunt of responsibHity of administration will inevitably faH, may develop a wide
and all-India outlook .... The present emphasis on regional
languages in the Universities will inevitably lead to the growth
of parochial attitude, which will only be corrected by a system
of training which emphasises the all-India point of view ......... .It
has not been very easy for us to balance these considerations,
but we are definitely of the view that proportion of the higher
judiciary should be recruited by competitive examination at
the all-India level so as to attract the best of our young graduates to the judicial service. This measure will enlarge the field
of selection and bring into the higher judicial service a leaven
of brilliant young men who will set a higher tone and level tQ
the subordinate judiciary as a whole. TI1e personnel so recruited will be subjected to an intensive training. The rest of
the higher judiciary should, in our view, be recruited in part
directly from senior members of the Bar, and partly by promo·
tion fr.om t_he lower subordinate judiciary".
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JUDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.]
213
Dealing with the same·subje~t from a different angle, the Commission proceeded to say:
"The great advantage that the Indian civilian had, was the
intensive and varied course of training which he had to undergo. Ai the time of his first entry into service, his training
A
was confined to matters pertaining to the revenue and criminal
B
administration alone, but when he was taken over to the judiciaf side, generally an equally intensive training in civil law •.
was given to him for a period of not less than eighteen months:
There can be no doubt that a similar intensive judicial training?-:
given to a judicial officer who possesses a law degree can be
of the greatest value ......... .Indeed, it can be claimed that a C
planned and systematic training such as is contemplated by us
for the judicial officer selected for the Indian Judicial Service
may be more effective than the uncertain and spasmodic training which may be received during the course of a few years
practice at the Bar. These and the other considerations referred
to earlier have led us to the conclusion that in the interests of D
the efficiency of the subordinate judiciary, it is necessary that
an All India Service called the Indian Judicial Service should
be established. This will need action being taken in the manner
provided by Article 312 of the Constitution".
The Law Commission has reiterated this view in subsequent reports.
It took nearly 20 years for the Government to take follow up action on the
basis of the recommendation and that led to the amendment of the legislative entries as.already referred to.
E
This proposal of the Law Commission and the follow up govern~
mental action led to consultation and dialogue in the Conference of Chief F
Justices of the High Courts but many of the High·Courts were of the view
that setting up of an All India Judicial Service would affect the constitutional scheme of control of the High Courts over the subordinate judiciary
and in particular Article 235 of the Constitution. Article 233 makes provision for appointment of District Judges and requirns that appointment to
such posts has to be made by the Governor of the State in consultation G
with the appropriate High Court. Article 234 provides for recruitment of
persons other than District Judges to judicial service by prescribing that
appointments shall be made by the Governor of the State in accordance
with the Rules made by him in that behalf afte1r consulting the State'
Public Service Commission and the High Court exercising the jurisdicti<111
.in relation to such State. The post of District Judge has ordinarily been
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equated with the senior scale status in the All India Services. It was
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SUPREME COURT REPORTS
[1991) SUPP.2 S.C.R.
perhaps not contemplated by the Law Commission that on appointment
members of the proposed All India Judicial Service were to hold the post
of District Judge. Like all other All India Services the initial recruitment
could be to a lower rank equal to civil judge and after serving in such post
for a reasonable time appointment to the post of District Judge could be
made. Sin::e the Law Commission itself was of the view that a percentage
should be filled up by direct recruitment from the Bar, the scheme envisaged by the Law Commission would not require amendment of Article
233. It is to be examined whether any alterations in Article 234 would be
necessary or recruitment to All India Service could be made by appropriate amendment of the State Rules contemplated under that Article.
Control over the subordinate courts under the constitutional mechanism is vested in the High Court. Under Article 235, the provision is that
the control over District Courts and courts subordinate thereto vests in the
High Court. The main objection against implementation of the recommendation of the Law Commission relating to the setting up of the All India
Judicial Service was founded upon the basis that control contemplated
under Article 235 of the Constitution would be affected if an All India
Judicial Service on the pattern of All India Services Act, 19 51, is created.
We are of the view that the Law Commission's recommendation should
not have been dropped lightly. There is considerable force and merit in
the view expressed by the Law Commission. An All India Judicial Service
essentially for manning the higher services in the subordinate judiciary is
very much necessary. The reasons advanced by the Law Commission for
recommending the setting up of an All India Judicial Service appeal to us.
Since the setting up of such a service might require amendment of
the relevant Articles of the Constitution and might even require alteration
of the Service Rules operating in the different States and Union Territories, we do not intend to give any particular direction on this score particularly when the point was not seriously pressed but we would commend
to the Union of India to undertake appropriate exercise quickly so that the
feasibility of implementation of the recommendations of the Law Commission may be examined expeditiously and implemented as early as
possible. It is in the interest of the health of the judicia.ry throughout the
country that this should be done.
II
The Law Commission in the 14th Report also referred to the various designations provided for judicial officers working in the different
H
States and Union Territories. It observed:
RJDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.)
215
"In view of the more or less uniform functions performed by
A
the judicial officers so variously designated, it would, we think,
be advisable to aim at .a unifonnity of designation. There is,.
however, a fundamental difference in the general scheme of
distribution of judicial business between the lower grade of
officers (munsifs) on the one hand, and the higher grllde of
officers (subordinate judges) on the other. The first has limited
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pecuniary jurisdiction while the second, generally speaking,
has unlimited pecuniary jurisdiction. We would, therefore, suggest
that the State Judicial Service-Class· II should consist. of civil
judges who should be designated as civil judges of the senior
and junior divisions. Officers corresponding to munsifs would
be designated as civil judges (junior division) and those correC
sponding to subordinate judges would be designated as civil
judges (senior division)".
If reference is made to Article 236 of the (;onstitution, it would be
noticed that the expression "District Judge" has been defined to include
Judge of a City Civil Court, Additional District Judge, Joint District Judge,
Assistant District· Judge, Chief Judge of a Small Causes Court, Chief
Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions
Judge, Additional Sessions Judge and Assista11t Sessions Judge. This definition in Article 236 covers the higher section of the State Judicial Service
both in the civil and criminal sides. The definition is only inclusive and in
implementing the recommendations of the Law Commission to simplify
the designations by saying that the hierarchy of subordinate judicial officers would be District Judge or Additional District Judge, below him Civil
Judge (Senior Division) and below him Civil Judge (junior division) does
not go against the constitutional scheme nor does it require any amendment of the Constitution. If there be any laws operating in the States,
perhaps the same may have to be appropriately modified or altered if the
uniformity recommended by the Law Commission has to work out.
We are inclined to adopt the view of the Law Commission. On the
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civil side, the State Judicial Service, therefore, should be classified as
District or Additional District Judge, Civil Judge (senior division) and
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Civil Judge (junior division). On the criminal side, .. there should be a
Sessions Judge or Additional Sessions Judge and below him there should
be the Chief Judicial Magistrate and Magistrates provided for in the Code
of Criminal Procedure. Appropriate adjustments, if any, may be made of
existing posts by indicating their equivalence with any of these categories.
The process of bringing about such uniformity would require some time
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'216
SUPREME COURT REPORTS
(1991) SUPP. 2 S.C.R.
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and perhaps some monitoring. We direct that the Ministry of Law and
JuStice of the Union Government would carry on the monitoring activity
and all the S•,,ates and Union Territories would follow the pattern indicated
above by March 31, 1993.
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III
One of the issues debated at the hearing related to the age of retirement. The Constitution has fixed the age of retirement of Judges in the
High Courts and the Supreme Court at 62 and 65 years respectively. There
is no constitutional prescription :>f the age of retirement of the members
of the subordinate judiciary and in India that is controlled by the relevant
rules obtaining in the different States and Union Territories and it is 58
years at present excepting in the State of Kerala where the age of superannuation is 55 years for all State Government employees including the
members of the State Judicial Service.
It is the claim of the petitioners that the age of retirement of the
officers of the subordinate judiciary should be fixed at 60 years inasmuch
as the basic qualification for recruitment to the service requires every
officer to have in the minimum a bachelors degree in law which is acquirable after becoming a graduate. Thus, while for normal civil service a
graduate is eligible, for recruitment to the judicial service a minimum
further period of three years becomes necessary to acquire the basic qualification. In many of the states and the Union Territories, for recruitment
to the post in the judicial service a basic period of experience at the Bar is
a pre-requisite. Thus, while for the civil service the age of recruitment
varies between 25 and 28 years, for judicial service at the basic level most
of the States permit entry upto the age of 32. In some of the States where
direct recruitment of judicial officers for an inbetween stage is permitted,
the age of entry is even upto 35 years. Article 233(2) of the Constitution
provides:
"A person not already in service of the Union or of the State
shall only be eligible to be appointed a District Judge if he has
b@en for not less than seven years an advocate or a pleader and
is recommended by the High Court for appointment".
Keeping this constitutional requirement in view in respect of direct
recruitment for District fodge, entrance is permitted upto a later age in
many States. Thus at the point of entry into service there is a marked
distinction between civil service and the judicial service.
Notwithstanding these special features the history of the service
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IDDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.]
217
would show that no distinction has been maintained in regard to the age of A
re,irement between officers of the civil service and the officers of the
judicial service and over the years the same rule has been applied to both.
This Court in Moti Ram Deka, etc. v. The General Manager, North East
Frontier Railway, Maligaon, Pandu, etc., [1964] 5 SCR 683 pointed out:
"In regard to the age of superannuation, it may be said prima
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facie that rules of superannuation whic:h are prescribed in respect of public service in all modem States are based on considerations of life expectation, mental capacity of the civil
servants having regard to the climatic conditions under which
they work, and the nature of the work they do. They are not
fixed on any ad hoc basis and do not involve the exercise of C
any discretion. They apply uniformity to all public servants
falling under the category in respect of which they are framed ..... "
Nature of work is thus one of the considerations relevant to fixing
the age of retirement.
There is a marked distinction between the nature of work which
executive officers and judicial officers are called upon to discharge. The
work of the judicial officers is usually sedantry while that of the executive
officers involves a lot of physical movement. This is particularly so in the
lower cadres of both the services. In view of this feature physical fitness is
more important for an executive officer than in case of a judicial officer
while in case of judicial officers, there is thus necessarily more of a
mental activity than physical. Experience is an indispensable factor and
subject to the basic physical fitness with growing age experience grows.
As already indicated, retirement age for High Court Judges is 62
years. A sizable portion of the manning in the High Court is done by
elevating District Judges and those who are elevated continue upto the age
of 62 years like directly elevated members of the Bar to the High Court.
There are certain services in the States where retirement is fixed at
the age of 60 years taking into account the special type of work the
officers are called upon to perform. For instance, throughout the country
teachers of wiiversities are allowed to serve upto 60 years of age. Employees under some of the corporations also go upto the age of 60. Scientific Research Officers are also allowed in many cases the benefit of 60
years age of retirement.
Mr. Poti for the State of Kerala raised serious objection to raising
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the age of retirement of judicial officers to a common level of 58 years by
contending that this would lead to unrest in the other services of the State
and everyone would press for the age of retirement being enhanced to 58.
In fact, Kerala had once experimented with the enhanced age for all and
has reverted back to the age of 55. The main ground raised by Mr. Poti to
resist the pmposal of enhancement is that in the State of Kerala the level
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of literacy is high and unen1ployment is acute. If the age of retirement is
enhanced the scope of the unemployed to get employment would be adversely affected. We are not impressed by the submission of Mr. Poti on
this score. The total number of judicial officers of every category in the
State may not exceed 3,000 or so. This certainly is not such a big number
that might create unemployment problem in the event of the age of superC
annuation being brought to the all India level of 58 or even enhanced to a
higher limit.
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The Law Commission in its 14th Report dealt with this aspect at
page 213 of the report and said:
"There is yet another reason why the question of the age of
retirement of the subordinate judiciary should be treated differently from that in other State Services. As noticed earlier a
judicial officer enters service at a comparatively higher age
than a recuit to the executive or administrative services. It
would, therefore, be proper that the retirement age of a judici.al
officer should be relatively higher than that of an executive
officer, so as to enable him to serve for the full number of
years if he retains his fitness and capacity of work till he
reaches such higher age.
We, therefore, recommend that the retirement age of the subordinate judiciary in all States should be raised to 58 years.
Such a measure will tend to raise the tone and morale of the
judicial service as a whole. It will also be consistent with our
recommendation to raise the age of retirement of High Court
Judges to 65 years."
The recommendation that superannuation should be fixed at 58 for
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judicial officers was made at a time when in public services retirement
was prescribed at the age of 55. Considering the enhancement of the
longevity of human life and taking all other relevant considerations into
account, all the States and all the Union Territories have now enhanced
the age of retirement to 58 years excepting,~ already pointed out, in the
case of the State of Kerala. We are of the view that on the logic which
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was adopted by the Law Commission and for the reasons which we have
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indicated the age of retirement of judicial officers should be 60 years. We
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accordingly direct that appropriate alterations shall be made in the Rules
obtaining in the States and Union Territories in respect of judicial service
so as to fix the age of retirement at 60 years with effect from December
31, 1992. We have given a Jong period so that appropriate amendments
may be made in the meantime.
IV
We shall now deal with the claim for appropriate pay scales and on,
as nearly as possible, uniform basis. The 14th Report of the Law Commission dealt with this matter at page 163 of the report and said:
"It is the matter of scales of pay and remuneratio», the judiciary compares unfavourably with the exi~cutive branches of the
Government. It is true that, generally speaking, the scales of
pay of the judicial· officers and the corresponding executive
officers are identical in many of the States. However, it has to
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be remembered that the executive officers are, by and large,
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recruited at a much younger age than the judicial officers. The
entrant to the judicial services is required to be a graduate in
law and in most of the States it is also necessary that he should
have practised for a certain number of years at the Bar. On the
other hand, for recruitment to the executive branches of Government service, a degree in arts or science is, generally speaking,
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sufficient. In the result, a person entering the judicial service
does so when he is about 26 or 27 years of age and at a time
when his contemporaries who have entered the executive service of the Government have already acquired a certain seniority in the service and have come to draw a higher salary. It
will thus be seen that a person joining the judicial service
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starts with -a lower remuneration than what he would have
received ifhe had entered the executive: service for a few years
earlier. It has also to be noted that owing to the lesser proportion of superior posts in the judicial service promotions come
less quickly to the judicial officers, and a person who has
entered the service as a munsif, asswning that he is fit and G
fully qualified, takes much longer time to become a district
judge than would an equally competent deputy collector to
reach the position of a collector. Again the judicial officer,
having started at a late~ age, has a sho1ter span of service than
the executive officer and this affects his pension and other
· retirement benefits".
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We had cailed for the prevailing pay scales of the different judicial
cadres in the States and the Union Territories and the same have been
made available to us. We found that there is wide violence in the pay
structure prevailing in the various States and Union Territories and for the
same nature of work perfonned by the judicial officers ~hey are remunerated differently. It is difficult for us on the data now placed to get into the
exercise of fixing the appropriate pay scales. We suffer a handicap in the
absence of full details necessary for fixing the appropriate pay scales on
comparative basis. Again, we are apprehensing that if we enter into the
matter and say something in a final way, it is possible that in some States
benefits which are now available may be taken away or adversely affect
some officers. For these reasons, we do not propose to finally examine the
propriety of the existing pay scales nor do we direct any pay scales to be
fixed.
A Pay Commission for the Central Government employees was apPQinted about 8 years back and on the basis of its Report the revised
benefits have been given effect to from January I; 1986. Following that
pattern, most of the States have either given the Central scales or appointed their own commissions or committees and given the revised benefits to their officers. It appears that with an interval of I 0 years or so
such a commission is being appointed and pay scales are being reviewed.
Such an exercise is likely to be undertaken within less than three or four
years. We are of the view that the claim on this score can be better
handled when the pay commissions or committees in the States are set up
to review the position. We direct that as and when such commissions or
committees are set up in the States and Union Territories hereafter, they
separately examine and review the pay structure of judicial officers keeping in view all relevant aspects.
V.
Under this head, however, we would like to deal with the claim for
various allcwanc,es~: Unlike the adD\inistrative officer, the judicial officer
is obliged to work for long hours at home. When he reserves a judgment
he has usually to prepare the same at his residence. For that purpose, he
has to read the records as also the judicial precedents cited by counsel foi
the adversaries. Even otherwise with a view to keeping himself upto~te
about ·the legal position he has to read judgments of his own High Court,
other High Courts and of the Supreme Court. He has also to read legal
journals. The judicial officer very often has no provision of an officer at
his residence. Unless a reasonable allowance is provided for maintaining
an office, it b_ecame very difficult for him to undertake the various aspects
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of the exercise referred to above. We are of the view that a residenti~ A
office allowance should be admissible to every judicial officer. The same
for the civil judge (junior division) and the civil judge (senior division) be
fixed at the rate of Rs. 250 per month and officers of the higher category
the monthly allowance should be Rs. 300.
Law books, Law reports and legal journals are indispensable to a B
judicial officer. They are in fact his tools and in case a junior officer has
to discharge his duties satisfactorily he has to get acquainted with these.
His ability to perform his duty to a considerable extent depends upon his
reading habit and devoting a sizeable working time to reading all this
literature. Reading habit is indispensable to a judicial officer and possession of a small library of one's own helps generation of the proper reading
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habit. Law books and Law journals have in particular become very costly
these days. One standard Law j<;>urnal for the decisions of the High Court,
another for the decisions of this Court and one or two Standard Law
journals on the average would cost about Rs. 200 a month.
There is no existing system of providing Law books and journals to D
the officers of the lower judiciary. Many of the judicial officers in the
lower ranks have their working places away from the district headquarters
wh~re the seat of the district judge is located. There is perhaps at every
district headquarter a small library but the number of books is small and
· more than o!le copy of many of the books would not be available. Therefore, whether it is at the district headquarter or in areas away therefrom,
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effective library facility is not available. We are of the view that a uniform pattern of small library should be provided to every judicial officer.
We accordingly direct that such a library shall be made available by
30.6.1992 to every judicial officer and the District Judge should have
provision made in his budget for the said residential library for every
judicial officer under his control. The High Court should monitor this F
aspect effectively so that without loss of time, a handy library may be at
the disposal of every judicial officer.
The District Judge is the principal judicial officer of the district.
Ordinarily every revenue district has a district judge and his seat is located at the headquarter. In heavy stations, the district judge has a team of G
additional district judges to assist him. There would also be a number of
judicial officers of lower categories working at the headquarters. It is the·
obligation of the district judge to operate as the captain of the team both
under his direct supervision at the headquate.rs and in respect of the officers located in different areas within his district. Of' late, lower or subordinate courts are being established jn the outlying and rural interior.