In a landmark decision, the Supreme Court dismissed the notion that judicial service should be equated with other government services, emphasizing the distinctive nature of the judiciary’s role. The judgment, rendered in the All India Judges Association case, firmly rejected arguments advocating equal pay and allowances for judicial officers and their counterparts in other government services.
The bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, underscored the unique functions performed by judges, stating, “Judges are not comparable with the administrative executive.” Drawing a clear distinction between judicial service and other government roles, the court emphasized that judges exercise sovereign state functions, akin to members of the political executive and legislature.
The judgment further rejected the plea for equivalence, asserting, “It would be wholly inappropriate to equate judicial service with the service of other officers of the State. The functions, duties, restrictions and restraints operating during and after service are entirely distinct for members of the judicial service.”
Referring to a previous order in the same case from May 19, 2023, the court highlighted the constitutional principle of the separation of powers, emphasizing that officers of the judiciary must be treated separately from those in the legislative and executive wings.
The court also addressed the issue of uniformity in service conditions for judicial officers across the country. Dismissing the argument that states should determine service rules independently, the judgment stated, “This Court has categorically held that there is a need to maintain uniformity in the service conditions of judicial officers across the country.”
Quoting from the May 2023 order, the court emphasized the constitutional mandate for a unified judiciary, ensuring consistent service conditions for judges across states. The decision set a deadline of February 29, 2024, for states to disburse arrears to judicial officers as per the recommendations of the Second National Judicial Pay Commission. Additionally, the court directed the High Courts to establish a committee named ‘Committee for Service Conditions of the District Judiciary’ to oversee implementation.
Comprising two High Court judges, the Law Secretary/Legal Remembrancer, the Registrar General of the High Court, and a retired judicial officer, the committee will play a crucial role in ensuring the uniformity and effective functioning of the judiciary.
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