Factual Background
In the matter at hand All India Judges Association v Union of India a plea seeking the updation of judicial officers’ service conditions.
Supreme Court Decision
Justices V. Ramasubramanian, PS Narasimha, and Chief Justice of India DY Chandrachud united on a bench at the Supreme Court and held The fundamental framework of the Constitution must also include the district judiciary’s independence. A preambular goal would remain idealistic in the absence of unbiased and independent justices in the district judiciary. The Court stated that judges are not state employees but rather holders of public office who exercise sovereign judicial power, drawing an important distinction between officers of the judiciary and staff of the legislative and executive sides.
The court ruled that the separation of powers requires that the employees of the legislative and executive wings be handled differently from the officers of the judiciary. It is important to keep in mind that judges are public officials with autonomous judicial authority rather than State workers. They are only equivalent to legislators and executive branch ministers in that regard. One could even go so far as to claim that a person cannot exercise their right to a fair trial and access to justice without an independent judiciary. It further noted that residual rights, including fundamental and constitutional rights, will not be enforced in a manner consistent with the letter of the law absent a fair and prompt trial.
According to the judgment, the right to a fair trial and access to justice must also take into account all of the court’s conditions, such as its physical setting and an impartial, independent, and unbiased judge.
Recommendation by National judicial pay Commission
- The Commission, which was made up of expert members, stated that any compensation increases for High Court judges must also result in pay increases for district judges. Additionally, they argued that the district judges should be designated consistently across the nation in terms of remuneration.
- The Commission report also emphasised the need for a swift implementation of the pension payments due to retiring district judicial officers. They contend that a High Court judge is positioned above a district judge in the hierarchy of the unified legal system.
- The Commission emphasised that as the district judge’s remuneration is linked to that of the High Court judge, any rise in the High Court judges’ pay must be reflected proportionally in the pay of district judges. High Courts are required to make sure that all judicial officers have the same designation.
- It was also decided to execute the suggestion to align the district judiciary’s pay structure with that of the Seventh Central Pay Commission. As a result, it was mandated that within three months, High Courts and other competent authorities alter Service Rules as needed to comply with the commission’s acceptable suggestions. Additionally, starting on July 1, 2023, amended pension rates that were granted by the Court will be paid.