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TMI Blog1991 (11) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. 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. 4. 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 Union 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 Allowance, Residential Office Allowance and Sumptuary Allowance to be provided. 7. Provision for in service training to be made. 5. Administration of justice and organisation of courts was a provincial subject under the Government of India Act, 1935. The Constitution adopted the same scheme by providing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary 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 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. 10. 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 necessit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice called the Indian Judicial Service should be established. This will need action being taken in the manner provided by Article 312 of the Constitution. 12. 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. 13. 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. 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articularly 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 16. 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: In view of the more or less uniform functions performed by the judicial officers so variously designated, it would, we think, be advisable to aim at a uniformity 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 grade of officers (subordinate judges) on the other. The first has limited pecuniary jurisdiction while the second, generally speaking, has unlimited pecuniary jurisdiction. We would, therefore, suggest that the State Judicial Service-Class II shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 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. 20. 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 bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 25. 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. 26. 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 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. 27. Mr. Poti for the State of Kerala raised serious objection to raising the age of retirement of judicial officers to a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 indicated the age of retirement of judicial officers should be 60 years. We 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 long period so that appropriate amendments may be made in the meantime. IV 30. 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 remuneration, 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 judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yees 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 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. 33. 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 aspect effectively so that without loss of time, a handy library may be at the disposal of every judicial officer. 36. 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 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 headquarters and in respect of the officers 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 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction 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 belonging to a lawyer or a client. Even the residential accommodation 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. 39. Expenditure on residential accommodation in a family budget is not ordinarily to exceed 15 per cent of the monthly 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 salary, a situation which cannot be countenanced 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et 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 42. 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. 43. The chief judicial magistrate is a touring officer apart from doing trial work as a magistrate. Mandate of the CrPC requires him to undertake some touring. The quality of criminal justice administration would very much depend upon the mobility of the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es are human beings; it would be a real help to jurisprudence'. 48. 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, knowledge, judicial restraint, capacity to maintain dignity are the additional aspects which go into making the court's functioning successful. 49. 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 paralyses development, disrupts order and retards progress. This is the current scene. 50. It calls for serious introspection. 51. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That no more is the position. The sense of professional 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 time with the recommendations of the Law Commission in its 14th Report. He had the training of limiting his wants and managed 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... work is different and judicial service satisfies both and, therefore, Government can always prescribe a higher pay scale for Judicial Officers. 60. 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 subordinate judiciary remained unattended. 61. We would like to point out that dispensation of justice is an inevitable feature in any civilised society. Maintenance 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 center in case of abolition of Court fee. Court fee is not a ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l exactitude. 62. 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 collected as Court fee at least be spent on the administration of Justice instead of being utilised as a source of general revenue of the States. Undoubtedly 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. 63. What we have said above should be adequate justification for making provision with a view to making judicial functioning viable. 64. 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 together. Wherever her temple stands, and so long as 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 usefulness and distinction, whoev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter 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. 73. We would now briefly indicate the directions 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 of 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/Committees are set up in the States and Union Territories; 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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