http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 22

PETITIONER:

ALL INDIA JUDGES' ASSOCIATION

Vs.

RESPONDENT:

UNION OF INDIA

DATE OF JUDGMENT13/11/1991

BENCH:

MISRA, RANGNATH (CJ)

BENCH:

MISRA, RANGNATH (CJ)

AHMADI, A.M. (J)

SAWANT, P.B.

CITATION:

1992 AIR 165 1991 SCR Supl. (2) 206

1992 SCC (1) 119 JT 1991 (4) 285

1991 SCALE (2)969

ACT:

Judicial service-Subordinate Judiciary--Judge---Duty---Na-

ture.

Judicial Service--Subordinate Judiciary--Role and obli-

gations of District judge and role and position of Trial

Judge in administration of Justice--Role of High Court in

the functioning of subordinate Judiciary, indicated.

Constitution of India, 1950---Article 50---Separation

of Judicial--Effect--Judicial Service whether separate

class.

Constitution of India, 1950---Articles 233, 234,235,

236, Concurrent List--Entry 11---Subordinate

Judiciay--Directions for setting up of an All India Judicial

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, fixa-

tion of retirement age at 60 years, facilities of residen-

tial accommodation, transportation and working library at

the residence of Judicial Officer--Reasons indicated.

HEADNOTE:

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 inde-

pendent judiciary is totally indispensable. 1231 A]

2. Rendering justice is a difficult job. Unless the judi-

cial officer

207

has a reasonably worry free mental condition, it would be

difficult to expect unsoiled justice from his hands. [223 C]

3. A judge ought to be wise enough to know that he is

fallible and, therefore, even ready to learn and be coura-

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 22

geous enough to acknowledge his errors. The conduct of every

judicial officer should be above reproach. He should be

coscientious, studious, thorough, courteous, patient, punc-

tual, 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 his appointment as a public trust; he

should not allow other affairs or his private interests to

interfere with the prompt and proper performance of his

judicial duties, nor should he administer the office for the

purpose of advancing his personal ambitions or increasing

his 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 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. [211 D]

5. The Trial Judge is the kingpin in the hierarchical

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 understanding of the matter the

cause of justice is first answered. The personality, knowl-

edge, 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 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 offi-

cers located in different areas within his district. Of

late, lower or subordinate courts are being established in

the outlying and rural interior. It is the obligation of the

district judge to inspect the outlying courts, maintain the

proper judicial tempo and temper of functioning in his

district and be responsible 1or 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

208

the subordinate judiciary under Article 235 in the High

Court as a whole 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-C]

8. 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 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 grow-

ing 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.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 22

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 D]

10. It is absolutely necessary that the Judge enjoys

freedom from personal worries. A reasonable salary appropri-

ate allowances and manageable living conditions are, there-

fore, required to be provided. [226 E]

11. An All India Judical Service should be set up and

the Union of India should take appropriate steps in this

regard. [232 C]

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 C]

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 D]

209

15. A working library at the residence of every judicial

officer has to be provided by 30.6.1992. Provision for

sumptuary allowance has to be made. [232 D]

16. Residential accommodation to every judicial officer

has to be provided and until State accommodation is avail-

able. Government should provide requisitioned accommodation

for them by 31.12.1992. In providing residential accommoda-

tion, 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 5

should have a pool vehicle and others would be entitled to

suitable loans to acquire two 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 Professor Pannick; Law Commission of India, 1 Ith

Report--referred to.

Moti Ram Deka, etc. v. The General Manager, North East

Frontier Railway, Maligaon, Pandu, etc., [1964] 5 SCR 683;

Secretary, Government of Madras, Home Department and ,Anoth-

er v. Zenith Lamps and Electrical Ltd., AIR 1973 SC 724;

Devi Prasad Sharma and Others v. The King Emperor, 70 IA

216; Baradakanta Mishra The Registrar of Orissa, High Court

and Another, [1974] 2 SCR 282, referred to.

JUDGMENT:

ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1022 of

1989.

(Under Article 32 of the Constitution of India).

Sri Ramulu, A.T.M. Sampath, A.K. Srivastava and Raju

Ramchandran for the Petitioners.

Tapas Ray, R.N. Sachthey, P.S. Poti, Yogeshwar Prasad,

V.C. Mahajan, U.N. Bachswat, A.S. Nambiar, Kailash Vasudev,

Ms. A. Subhashini, Hemantika Wahi, Vasudata Talib, Anip

Sachthey, T.T. Kunhikannan, Ms. Rachna Gupta, Mrs. S. Dik-

shit, 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, G.K. Bansal, R. Mohan, P.K. Manohar, Ms. S. Vasude-

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 22

van, B. Parthasarthy, V. Krishnamurthy, A.K. Panda, J.R.

Das, D.K. Sinha, D.N.

210

Mukherjee, Gopal Singh, P. Chowdhary, Indra Makwana and K.

Swamy for the Respondents.

The Judgment of the Court was delivered by/1

RANGANATH MISHRA, CJ. This application under Article 32

of the Constitution 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.

Rule having been granted, notice was issued to the Union

of India 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, Asso-

ciation personally appeared at the hearing. Mr. Raju Ram-

chandran 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:

1. Uniformity in the Judicial cadres in the

different States and Un-

ion Territories;

2. An appropriate enhanced uniform age of

retirement for the Judicial

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 Allow-

ance, Residential Office Allowance and Sump-

tuary Allowance to be provided.

7. Provision for inservice training to be

made.

Administration of justice and orgamsation of courts was

a provincial subject under the Government of India Act,

1935. The Constitution adopted

211

the same scheme by providing in Entry 3 of List 11 of the

Seventh Schedule 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

I1 was deleted and the subject as such was taken as Entry

11-A in the Concurrent List. This had become necessary on

account of the recommendation of the Law Commission that an

All India Judicial Service should 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 Dis-

trict Magistrate. This position continued until the Indian

Civil Service came to be abolished around 1946-47. This long

association of the Civil Service with the judicial manning

had led to service conditions of both to be tied up. Crimi-

nal justice at that time was handled by Magistrates who

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 22

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 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 complete 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

considered, 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.

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:

"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 entire-

ly by a competitive test or examination. It

was

212

suggested that the higher judiciary could be

drawn from such competitive tests at the all-

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 capa-

ble young men who now prefer to obtain immedi-

ate 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 Slate".

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 observations 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 raisond"etre of

creating All India Services, individually or

in groups, is that officers on whom the brunt

of responsibility of administration will

inevitably fail, may develop a wide and all-

India outlook .... The present emphasis on

regional languages in the Universities will

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 22

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 consid-

erations, 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 selec-

tion and bring into file higher judicial

service a leaven of brilliant young men who

will set a higher tone and level to the subor-

dinate judiciary as a whole. The personnel so

recruited will be subjected to .'m 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 promotion from the lower subordinate

judiciary".

213

Dealing with the same subject 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. At the time

of his first entry into service, his training

was confined to matters pertaining to the

revenue and criminal administration alone, but

when he was taken over to the judicial 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 train-

ing given to a judicial officer who possesses

a law degree can be of the greatest

value .......... Indeed, it can be claimed

that a 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 conclu-

sion that in the interests of 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 subse-

quent 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 legislafive entries as

already referred to.

This proposal of the Law Commission and the follow up

governmental action led to consultation and dialogue in the

Conference of Chief 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.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 22

Article 233 makes provision for appointment of District

Judges and requires that appointment to such posts has to be

made by the Governor of the State in consultation 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 after consulting the State Public Service Com-

mission and the High Court exercising the jurisdiction in

relation to such State. The post of District Judge has

ordinarily been equated with the senior scale status in the

All India Services. It was

214

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 Dis-

trict Judge could be made. Since 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 contem-

plated under that Article.

Control over the subordinate courts under the constitu-

tional 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, 1951, 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 par-

ticularly 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 judiciary. 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 States and Union Territories- It

observed:

215

"In view of the more or less uniform functions

performed by the judicial officers so various-

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 22

ly designated, it would, we think, be advisa-

ble to aim at a uniformity of designation.

There is, however, a fundamental difference in

the general scheme of distribution of judicial

business between the tower grade of officers

(munsifs) on the one hand, and the higher

grade of officers (subordinate judges) on the

other. The first has limited pecuniary juris-

diction while the second, generally speaking,

has unlimited pecuniary jurisdiction. We

would, therefore, suggest that the State Judi-

cial 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 corresponding to subordinate judges

would be designated as civil judges (senior

division)".

If reference is made to Article 236 of the Constitution,

it would be noticed that the expression "District Judge" has

been defined to include Judge of a City Civil Court, Addi-

tional District Judge, Joint District Judge, Assistant

District Judge, Chief Judge of a Small Causes Court, Chief

Presidency Magistrate, Additional Chief Presidency Magis-

trate, Sessions Judge, Additional Sessions Judge and Assist-

ant 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 Commis-

sion 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 divi-

sion) 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 civil side, the State Judicial Service, therefore,

should be classified as District or Additional District

Judge, Civil Judge (senior division) and 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 indi-

cating their equivalence with any of these categories. The

process of bringing about such uniformity would require some

time

216

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 States and Union Territories

would follow the pattern indicated above by March 31, 1993.

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 constitu-

tional prescription of 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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 22

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 qualifica-

tion 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 recruit-

ment 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 in between 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 been 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 judge, 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

217

would show that no distinction has been maintained in regard

to the age of retirement 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 facie that rules of superan-

nuation which are prescribed in respect of

public service in all modern 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 any discretion. They

apply uniformity to all public servants fail-

ing under the category in respect of which

they are framed ..... "

Nature of work is thus one of the considerations rele-

vant 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 in-

volves 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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 22

judicial officers, there is thus necessarily more of a

mental activity than physical. Experience is an indispens-

able 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 retire-

ment is fixed at the age of 60 years taking into account the

special type of work the officers are called upon to per-

form. For instance, throughout the country teachers of

universities 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

218

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 proposal of enhancement is that in

the State of Kerala the level of literacy is high and unem-

ployment 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 unem-

ployment problem in the event of the age of superannuation

being brought to the all India level of 58 or even enhanced

to a higher limit.

The Law Commission in its 14th Report dealt with this

aspect at page 2 13 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 retire-

ment age of a judicial 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 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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 22

and taking all other relevant considerations into account,

all the States and all the Union Territories have now en-

hanced the age of retirement to 58 years excepting, as

already pointed out, in the case of the State of Kerala. We

are of the view that on the logic which was adopted by the

Law Commission and for the reasons which we have

219

indicated the age of retirement of judicial officers should

be 60 years. We accordingly direct that appropriate altera-

tions 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 long 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 remu-

neration, the judiciary compares unfavourably

with the executive 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 be

remembered that the executive officers are, by

and large, 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, suffi-

cient. 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 ac-

quired a certain seniority in the service and

have come to draw a higher salary. It will

thus be seen that a person joining the judi-

cial service starts with a lower remuneration

than what he would have received if he 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, assuming that

he is fit and 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 later

age, has a shorter span of service than the

executive officer and this affects his pension

and other retirement benefits".

220

We had called for the prevailing pay scales of the

different judicial cadres in the States and the Union Terri-

tories and the same have been made available to us. We found

that there is wide violence in the pay structure prevailing

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 12 of 22

in the various States and Union Territories and for the same

nature of work performed by the judicial officers they are

remunerated differently. It is difficult for us on the data

now placed to get into the exercise of fixing the appropri-

ate 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 offi-

cers. For these reasons, we do not propose to finally exam-

ine 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 appointed about 8 years back and on the basis of its

Report the revised benefits have been given effect to from

January 1, 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 10 years

or so such a commission is being appointed and pay scales

are being reviewed. Such an exercise is likely to be under-

taken 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 allowances. Unlike the administrative

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 for the adversaries. Even otherwise with a view to

keeping himself uptodate 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 became very difficult

for him to undertake the various aspects

221

of the exercise referred to above. We are of the view that a

residential 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 repons and legal journals are indispens-

able to a judicial officer. They are in fact his tools and

in case a junior officer has to discharge his duties satis-

factorily 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 habit. Law

books and Law journals have in particular become very costly

these days. One standard Law journal 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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 13 of 22

about Rs. 200 a month.

There is no existing system of providing Law books and

journals to the officers of the lower judiciary. Many of the

judicial officers in the lower ranks have their working

places away from the district headquarters where 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 one copy of many of the books would

not be available. Therefore, whether it is at the district

headquarter or in areas away therefrom, effective library

facility is not available. We are of the view that a uniform

pattern of small library should be provided to every judi-

cial officer. We accordingly direct that such a library

shall be made available by 30.6.2992 to every judicial

officer and the District Judge should have provision made in

his budget for the said residential library for every judi-

cial officer under his control. The High Court should moni-

tor this 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 dis-

trict judge and his seat is located at the headquarter. In

heavy stations, the district judge has a team of 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 headquaters and in respect of the offi-

cers located in different areas within his district. Of

late, lower or subordinate courts are being established in

the outlying and rural interior. It is the

222

obligation of the district judge to inspect the outlying

courts, maintain the proper judicial tempo and temper of

functioning in his district and be responsible for the

efficient running of the system.

In many of the States the prevailing practice is that

the district judge takes a monthly meeting with the collec-

tor and district magistrate and the superintendent of po-

lice. He also meets the members of the Bar. Now and then he

meets his judicial officers those at the headquarters as

also the others who are in the interior. It is desirable

that the district judge devotes some time as frequently as

possible and at least once a week to meet the judicial

officers beyond the working hours, discusses working prob-

lems of his officers and forms his own opinion about now

the work is being done. A weekly assessment of such perform-

ance generates even temper of judicial activity and upholds

the tempo being maintained at the appropriate level. There

is not yet any definite system of judicial training in most

of the States and Union Territories. A judicial officer with

his first posting or until he acquires adequate experience

requires guidance. It should ultimately be the obligation of

the district judge to provide the same, we are of the view

that to the post of district judge a monthly allowance of

Rs. 300 by way of sumptuary allowance should be available to

enable him to extend small courtesies at such meetings. The

chief judicial magistrate does some of these activities in

respect of the magistrates handling criminal work. In our

opinion he should be entitled to a sum of Rs. 200 per month

by way of sumptuary allowance. We are aware of the fact that

under the conditions of Service Act of High Court Judges, a

sumptuary allowance of Rs. 300 is payable to them every

month. Now that we have directed that Rs. 300 should be

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 14 of 22

fixed for the district judges, we command that the sumptuary

allowance fixed for the High Court Judges may be enhanced

suitably. These allowances shall be payable from 1.4.1992.

We would like to add that this allowance is intended for

utilisation to the full extent for entertaining judicial

officers in connection with preformance of duty and would

not be considered as a perk for being included in the hands

of the recipient as his income.

VI

Provision of an official residence for every judicial

officer should be made mandatory. A judicial officer to work

in a manner expected of him has to free himself from undue

obligations of others, particularly owners of buildings

within his jurisdiction who ordinarily may have litigations

before him. This is mostly the case in rural areas where

outstation judicial courts are located. We are aware of

cases where a rural court is located in the building belong-

ing to a lawyer or a client. Even the residential accom-

223

modation of the judicial officer belongs to people of that

category. Such a situation often gives occasion to personal

embarrassment to the judicial officer and it has to be

avoided.

Expenditure on residential accommodation in a family

budget is not ordinarily to exceed 15 per cent of the month-

ly income, otherwise it becomes difficult for the person

concerned to make his two ends meet. A judicial officer who

is not provided residential accommodation is obliged to go

in for rented accommodation. In view of the prevailing rate

of rent, the smallest accommodation that can be taken may

often cost 75 per cent to 100 per cent of the monthly sal-

ary, a situation which cannot be contenanced by any logic.

It is absolutely necessary that appropriate conditions

should be provided for the judicial officer and he should

have reasonable mental peace in order that he may perform

his duties satisfactorily. Rendering justice is a difficult

job. It is actually a divine act. Unless the judicial offi-

cer has a reasonable worry free mental condition, it would

be difficult to expect unsoiled justice from his hands.

Very often building projects are undertaken for provid-

ing residential accommodation to public officers but the

requirement of the judicial ofricer is not taken into ac-

count for one reason or the other. Control of the State

purse is in the hands of the executive. As appropriate share

of construction expenses is not being provided towards

accommodation of judicial officers, they do not have any

quota in the building projects. As a result of this over the

years at several places throughout the country residential

accommodation for judicial officers has turned out to be

scanty. Many judicial officers dread postings in Metropoli-

tan towns as residential accommodation is not available and

the rental would be exorbitant in respect of private accom-

modation. The cost of living also becomes heavy.

We take judicial notice of the fact that the Planning

Commission of the Central Government is considering accept-

ance of the subordinate judiciary as a plan subject. Provid-

ing adequate residential accommodation should be considered

as a priority. Until adequate government accommodation is

available, it should be the obligation of the State at the

instance of the High Court to provide requisitioned accommo-

dation for every judicial officer according to his entitle-

ment and recovery of not more than twelve and a half per

cent of salary of the officer towards rent should be made

and the balance should be met by the State Exchequer. We

would emphasise the need of provision of a separate and

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 15 of 22

exclusive office room as an indispensable component of every

such official residence and the accommodation should take

into account this feature. As a long term measure, Govern-

ment accommodation should be constructed to meet the

224

need of the judicial officers at their respective stations.

This should be a matter for the Planning Commission to

review and the State Governments to cooperate and undertake

construction activity. The Governments of the States and the

Union Territories would take some time to implement this pan

of the direction. In case for some reason, the Planning

Commission does not come forward to take up the matter

before January, 1992, the Chief Justice of every High Court

should set up a committee with him as Chairman where two

senior Judges of the Court and the Secretaries of Finance,

Law and Works should be members and annual planning of

construction of residences should be made. We accordingly

fix the outer limit of December 31,1992 when this part of

the direction would become fully operative.

VII

We shall now deal with the claim for transport. In most

of the States the district judge has been provided a motor

car and in some of the States the chief judicial magistrate

is also provided with such transport, be it a car or a jeep.

There are still some States like Rajasthan, Haryana and

Madhya Pradesh where provision of a car for every district

judge has not yet been made. We direct that every district

judge should be provided with a car by March 31, 1992, and

it shall be the obligation of the other States where such

facility has not open provided to ensure the same within the

time limit.

The chief judicial magistrate is a touring officer apart

from doing trial work as a magistrate. Mandate of the Code

of Criminal Procedure requires him to undertake some tout-

ing. The quality of criminal justice administration would

very much depend upon the mobility of the chief judicial

magistrate. We, therefore, direct that in such States and

Union Territories where provision of independent transport

for the chief judicial magistrate has not been made, the

same should be done by September 30, 1992. We are. further

of the view that in stations with more than four judicial

officers a common transport should be provided for the

purpose of taking them from the residence to the court and

back and meeting their other official purposes and such

vehicle should be placed under the control of the seniormost

officer in the pool. The arrangement should be that for

every five officers, there should be a vehicle. Provision

for this aspect should be made by March 31, 1993. This

direction has become necessary as judicial officers should

not be forced to travel along with litigants and lawyers. In

many sensitive cases, records are carried by them. Often

judgments to be pronounced are also taken by them. In some

disturbed areas, instances of harassment to judicial offi-

cers taking advantage of their using

225

common transport have come to light. We direct that every

State and Union Territory would file a compliance report in

the Registry of this Court in respect of these three aspects

within one month from the expiry of the outer limit indicat-

ed for each of them.

There are several outlying courts where the number of

officers would not be more than five. We do not intend to

provide any independent transport for them but such officers

who ask for loan for purchase of a two wheeler automobile

should immediately be provided the same. Appropriate funds

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 16 of 22

should be made available for such purpose. A pool car should

have 60 litres of petrol per month and a judicial officer

owing a scooter would be entitled to an allowance of Rs. 200

per month.

We are alive to the fact that our directions involve a

burden on the State Exchequer. Perhaps some justification as

to why these expenses should not be grudged must now be

indicated. Professor Pannick in his book entitled "Judges"

has observed:

"Judges do not have an easy job. They repeat-

edly do what the rest of us seek to avoid;

make decisions".

He further added:

"Judges are mere mortals but they are asked to

perform a function that is utterly divine".

Professor Harold Laski once wrote to Justice Oliver

Holmes that 'he wished that people could be persuaded to

realise that judges are human beings; it would be a real

help to jurisprudence'.

The Trial Judge' is the kingpin in the hierachical

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 understanding of the matter the

cause of justice is first answered. The personality, knowl-

edge, judicial restraint, capacity to maintain dignity are

the additional aspects which go into making the court's

functioning successful.

Krishna Iyer, J. described the scene very graphically thus:

"Law is a means to an end and justice is that

end. But in actuality, Law and Justice are

distant neighbours; sometimes even strange

hostiles. If law shoots down justice, the

people shoot down law and lawlessness paraly-

ses development, dis-

226

rupts order and retards progress. This

is the current scene". It calls for serious

introspection.

The Law Commission in its 14th Report said:

"If the public is to give profound respect to

the judges the judges should by their conduct

try and observe it; not by word or deed should

they give cause for the people that they do

not deserve the pedestal on which we expect

the public to place them. It appears to us

that not only for the performance of his

duties but outside the court as well a Judge

has to maintain an aloofness amounting almost

to self imposed isolation".

The Commission quoted Sir Winston Churchill

who had said:

"A form of life and conduct far more severe

and restricted than that of ordinary people is

required from judges and though unwritten has

been most strictly observed. They are at once

privileged and restricted; they have to

present a continuous aspect of dignity and

conduct".

These prescriptions for a Judicial Officer, therefore,

result in a restricted life. Austerity is a quality to be

practised by every Judge--personally as also in his public

functioning. This necessarily gives rise to a situation

where the Judge must have patience, perseverance and pains-

taking habits. In order that a Judge may be able to put in

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 17 of 22

these aspects into his public functioning it is absolutely

necessary that the Judge enjoys freedom from personal wor-

ries. A reasonable salary, appropriate allowances and man-

ageable living conditions are, therefore, required to be

provided.

For quite a few years the conditions of service of

Judges of the superior Courts and those of the public offi-

cers in the Executive side had been put at par excepting

such provisions as were contained in the Government of India

Act, 1935 or under the Constitution. For the first time it

was accepted that separate Conditions of Service should be

provided and Conditions of Service Acts for the High Court

and Supreme Court Judges were separately enacted in 1954.

Those statutes and the Schedules therein even now contain

provisions to the effect that matters for which provisions

have not been made by the statutes are to continue to be the

same as provided for the officers in the Executive wing as

named. In a democratic polity the role of the judiciary is

indispensable. The efficient functioning of the Rule of Law

under the aegis of which our democratic society can thrive

requires an efficient, strong and enlightened judiciary. And

to have it that way the Nation has to pay to the price.

There was a time when a

227

Judge enjoyed a high status in Society. Very often a suc-

cessful Member of the Bar earning a high income favourably

responded to the invitation of the Chief Justice to accept

Judgeship. Thai no more is the position. The sense of pro-

fessional obligation has died down for reasons more than

one; but perhaps the most eloquent one is loss of social

status of the judge. The effect of this position in respect

of the higher judiciary has its impact on the subordinate

judiciary too. Half a century back a Judicial officer even

of the lowest category enjoyed great social status. He was

looked upon with a sense of reverence. He led a life in tune

with the recommendations of the Law Commission in its 14th

Report. He had the training of limiting his wants and man-

aged to live a contented life by making his two ends meet

with limited resources of small salary. That philosophy of

life has vanished or is fast vanishing. A great social

change has over taken today's society. Life has become

competitive; demands of life have increased; and aptitudes

have changed. Therefore, today a judicial officer always

looks at life in a comparative way with administrative

officers of his age. Professional income at the Bar has

tremendoulsy 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.

As early as 1958 the Law Commission said:

"As we shall point out, later the problem has

since grown in dimension because there is

unmistakable testimony that the standards of

the judicial officers recruited from the Bar

and other sources have during recent years

fallen in a substantial degree for various

reasons. This has been almost the unique view

expressed by the witnesses .before us. It is

thus obvious that no scheme of review of

judicial administration will be effective or

worthwhile unless the basic problem of provid-

ing a trained and capable judicial personnel

is satisfactorily solved"

This was adequate and timely notice to the Government

and its people. Instead of attending to the problem then, 33

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 18 of 22

long years have been allowed to roll by and what was then

said as a growing dimension has grown to devalue the system.

Its resurrection has, therefore, become more costly.

It is perhaps useful to recall here the prophetic warn-

ing sounded by Robert Ingersoll:

"A government founded on anything except

liberty and justice cannot stand. All the

wrecks on either side of the stream of time,

all the wrecks of the great cities, and all

the nations that

228

have passed away---all are a warning that no

nation founded upon injustice can stand. From

the sand enshrouded Egypt, from the marble

wilderness of Athens, and from every fallen or

crumbling stone of the once mighty Rome, comes

a wail as it were, the cry that no nation

founded on injustice can permanently stand".

Society, therefore, must understand the problem. Solu-

tion to the problem would depend upon realisation of the

fact that the more capable people at the Bar are not willing

to accept offers of judicial appointments. The plea that the

other wings, in the States would demand inprovement in their

scales of pay is not a relevant feature at all when the

problem is viewed from this angle. We hope and trust that

society would generate the appropriate understanding of the

matter and no Government would come forward to take the

stand that if the pay scales and perks of the Judicial

officers are improved similar demands would come from other

wings of Government.

Even in the existing system there are some posts which

carry special pay that is on account of the fact that there

is more of basic equipment demanded and the nature of work

is different and judicial service satisfies both and, there-

fore, Government can always prescribe a higher pay scale for

Judicial Officers.

In 1986 there was a Conference of the Chief Justices of

the High Courts, Chief Ministers and the Law Ministers of

the States called by the then learned Chief Justice of India

and the Ministry of Law and Justice.

The then Chief Justice of India and the Law Minister of

the Central Government tried their best to make the State

Governments and the Union Territories understand the basic

problem. While some improvements came as a result of the

Conference for the higher judiciary, the claim of the subor-

dinate judiciary remained unattended.

We would like to point out that dispensation of justice

is an inevitable feature in any civilised society. Mainte-

nance of law and order require the presence of an efficient

system of administration of criminal justice. Under the

Civil Code, Court fee is realised under the Court Fee Act.

For some time demand to abolish it has been made but the

States have abandoned the idea on account of the demand by

the States of compensation from the Centre in case of aboli-

tion of Court fee. Court fee is not a tax and is a fee as

has been' held by a Constitution Bench of this Court in

Secretary, Government of Madras, Home Department and another

v. Zenith Lamps and Electrical Ltd., AIR 1973 SC 724. In

Paragraph 29 of this

229

Judgment Sikri, CJ speaking for this Court pointed out:

"It seems to us that the separate mention of

'fees taken in Court' in the Entries referred

to above has no other significance than that

they logically come under Entries dealing with

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 19 of 22

administration of Justice and courts. The

draftsman has followed the scheme designed in

the Court Fees Act, 1870 or dealing with fees

taken in court at one place. If it was the

intention to distinguish them from fees in

List II Entry 66, surely some indication would

have been given by the language employed. If

these words had not been separately mentioned

in List I, Entry 77 and List II ...........

It seems plain that 'fees taken in court' are

not taxes, for if it were so, the word 'taxes'

would have been used or some other indication

given. It seems to us that this conclusion is

strengthened by two considerations. First,

taxes that can be levied by the Union are

mentioned in List I from Entry 82; mentioned

in List II taxes that can be imposed start

from Entry 45. Secondly, the very use of the

words 'not including fees taken in any court'

in Entry 95 List 1, and Entry 66 List II,

shows that they would otherwise have fallen

within these Entries. It follows that 'fees

taken in court' cannot be equated to "Taxes".

If this is so, is there any essential differ-

ence between fees taken in court and other

fees ? We are unable to appreciate why the

word 'fees, bears a different meaning in Entry

77, List I and Entry 96 List I or Entry 3 List

II and Entry 66 List II. All these relevant

cases on the nature of 'fees' were reviewed in

India Mica and Micanite Industries Ltd. v. The

State of Bihar. AIR 1971 SC 1182 at page 1186,

by Hegde J. and he observed:

"From the above discussion, it is clear that

before any levy can be upheld as a fee, it

must be shown that the levy has reasonable

co-relationship with the services rendered by

the Government. In other words, the levy must

be proved to be a quid pro quo for the serv-

ices rendered. But in these matters it will be

impossible to have an exact co-relationship.

The correlationship expected is one of a

general character and not as of arithmetical

exactitude".

It is not our intention to raise a dispute on this

aspect. We adverted to these authorities and the views of

this Court to bring support for the view that what is col-

lected as Court fee at least be spent on the administration

of Justice instead of being utilised as a source of general

revenue

230

of the States. Undobutedly the income from court fees is

more than the expenditure on the administration of Justice.

This is conspicuously noticeable from the figures available

in the publication in the Ministry of Law and Justice.

What we have said above should be adequate justification

for making provision with a view to making judicial func-

tioning viable.

We would like to recall a part of the funeral oration on

Mr. Justice Story delivered some 150 years back by Daniel

Webster:-

"Justice, Sir, is the greatest interest of man

on earth. It is the ligament which holds

civilised beings and civilised nations togeth-

er. Wherever her temple stands, and so long as

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 20 of 22

it is duly honoured, there is a foundation for

social security, general happiness and the

improvement and progress of our race. And

whoever labours on this edifice with useful-

ness and distinction. whoever clears its

foundations, strengthens its pillars, adorns

its entaplateures, or contributes to raise its

august dome still higher in the skies, con-

nects himself in name and frame and character

with that which is and must be as durable as

the frame of human society".

To those who control the purse what Webster said should

provide the direction.

VIII

One of the claims advanced before us was for provision

of inservice training for judicial officers. This we consid-

er as a must. In fact, the Law Commision in one of its

recent reports has advised that inservice institutes should

be immediately set up. About a year back the Union Govern-

ment had proposed the setting up of an All India Inservice

Institute but nothing more has been done about it. In some

of the States like Uttar Pardesh and Andhra Pradesh, such

inservice institutes are functioning. We are of the view mat

in service institutes are indispensable for the upkeep of

the efficiency of judicial service. We direct that an All

India institute of Inservice Training for higher officers of

the judiciary including the district judges and a State

level institute for training of the other member, of the

subordinate judiciary within each of the States and Union

Territories or one common institute for more than one State

or Union Territory should be set up within one year from now

and at any rate nor later than December 31, 1992. This has

to be orgainised by respective High Courts.

231

Before we part, we must indicate with all the emphasis

at our command that the system has to be saved as for a

civilised society an enlightened independent judiciary is

totally indispensable. The High Court must take greater

interest in the proper functioning of the subordinate judi-

ciary. Inspection should not be a matter of casual atten-

tion. The Constitution has vested the control of the subor-

dinate judiciary under Article 235 in the High Court as a

whole 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. We may point

out that that in what Lord Aktins said in Devi Prasad Sharma

and others v. The King Emperor, 70 IA 216. And it has been

approved by a Constitution Bench in Baradakanta Misra v. The

Registrar of Orissa High Court and Another, [1974] 2 SCR

282. It should be remembered by all Judges of the High Coart

viz., that the administrative control of the subordinate

courts of the states vest nor in the Chief Justice alone but

in the Court over which the Chief Justice

presides.

Surger, CJ of the American Supreme Court once said:

"A sense of confidence in ,he Courts is essen-

tial to maintain the fabric of ordered liberty

for a free people and it is for the subordi-

nate Judiciary by its action and the High

Court by its appropriate control to ensure

it".

It is useful to remember what President Lin-

coln often said:

"If you once forfeit the confidence of your

fellow citizens you can never regain their

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 21 of 22

respect and esteem".

It is time we mention about society's expectation from

the Judicial Officers. A judge ought to be wise enough to

know that he is fallible and, therefore, even ready to learn

and be courageous enough to acknowledge his errors

The conduct of every judicial officer should be above

reproach. He should be conscientious, studious, thorough,

courteous, 'patient, punctual, just, impartial, fearless of

public clamor, regardless of public praise, and indifferent

to private, political or partisan influences; he should

administer justice according to law, and deal with his

appointment as a public trust; he should not allow other

affairs or his private interests to interfere with the

prompt and proper performance of his judicial duties, nor

should he administer the office for the purpose of advancing

his personal ambitions or increasing his popularity.

232

We would like to part with the matter by recalling a

statement of Edmund Burke:

"All persons possessing a portion of power

ought to be strongly and awfully impressed

with an idea that they act in trust, and that

they are to account for their conduct in that

trust to the one great Master, Author and

Founder of Society".

We would now briefly indicate the direc-

tions we have given in the judgment:

(i) An All India Judicial Service should be

set up and the Union of India should take

appropriate steps in this regard.

(ii) Steps should be taken to bring about

uniformity in designation officers both in

civil and the criminal side by 31.3.1993.

(iii) Retirement age of judicial officers be

raised to 60 years and appropriate steps are

to be taken by 31.12. 1992.

(iv) As and when the Pay Commissions/Commit-

tees are set up in the States and Union Terri-

tories; the question of appropriate pay scales

of judicial officers be specifically referred

and considered.

(v) A working library at the residence of

every judicial officer has to be provided by

30.6.1992. Provision for sumptuary allowance

as stated has to be made.

(vi) Residential accommodation to every

judicial officer has to be provided and until

State accommodation is available, Government

should provide requisitioned accommodation for

them in the manner indicated by 31.12.1992. In

providing residential accommodation, avail-

ability of an office room should be kept m

view.

(vii) Every District Judge and Chief Judi-

cial Magistrate should have a State Vehicle,

Judicial officers in sets of 5 should have a

pool vehicle and others would be entitled to

suitable loans to acquire two wheeler automo-

biles within different time limits as speci-

fied.

(viii)Inservice Institute should be set up

within one year at the Central and State or

Union Territory level.

V.P.R. Petition

disposed of.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 22 of 22

233