ALL INDIA JUDGES, ASSOCIATION AND ORS versus UNION OF INDIA AND ORS.

Citation: [1993] SUPP. 1 S.C.R. 749 · Decided: 24-08-1993 · Supreme Court of India · Bench: M.N. VENKATACHALIAH · Disposal: Disposed off
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Judgment (excerpt)

\ 
ALL INDIA JUDGES, ASSOCIATION AND ORS. ETC. ETC. 
A 
v. 
UNION OF INDIA AND ORS. ETC. ETC. 
AUGUST 24, 1993 
[M. N. VENKATACHALIAH, CJ., A.M. AHMADI AND 
P.B. SAWANT, JJ.] 
Service Law 
Judiciary-Conditions of Se1vice-Setting up of all India Judicial Ser-
vic.,-.Unifomi hierarchy and designations, age of Superannuation-Vnifonn 
pay scale and allowances-Conveyance-In-service training-Partial 
modification of directions issued earlier. 
B 
c 
· Status of Judges-Comparable with political executive and legisla-
tu're.--Not with administrative executive--Hence .\'e]Jarate conditions of sen.:ice D,, 
for members of judicial service could be prescribed-Not an encroachment 
on executive and legislative powers in the context of A1t. 309 of the Constitu-
tion-Directions issued in furtherance of Law Con11nission 's reconunenda-
rions and Independence of judiciary----Financial implication-Relevance of 
Constitution of Independent Commission for laying down service con-
E 
ditions for judicial officm;----avoured 
Constitution of India, 1950 
Articles 312, 233, 234-Subordinate judiciwy---Conditions of ser-
vice-Improvement of----Direction5'-Modification of 
F 
Articles 50, 14, 16, 309, 312, 2.H; 234 & 235----Judicial Service-Nature 
of-Not to be treated on par with administrative service-Status of 
Judges---Comparable with political executive and legislato1:1-Not with ad-
niinistralive executive--Presc1iption of separate conditions of se1vice for the G 
judicial .wvice----Need for--:-Conditions of service of Subordinate judicimy-
lmprovement of and formation of All India Judicial Se1vice-Whether 
anzounts to encroaclunent on e:recutive and legi,slative powers in view of Art . 
. ?09 to presc1ibe scIVice conditions. 
A11ic/les 32 & 226----Writ Cowts competent to issue directions lo the H 
749 
750 
SUPREME COURT REPORTS (1993] SUPP.1 S.C.R. 
A Executive and Legislature to peifom1 their ob/igat01y duties. 
The Union of India and various States preferred the present Review 
Petitions raising objections to certain directions given by this Court in All 
India Judge's Association v. Union of India, (1991] Suppl.2 SCR 206 for 
improving the service conditions of the members of the subordinate 
B judiciary in the country. 
The thrust of the objections was that the power to prescribe service 
conditions rested in the executive and the legislature; that the service 
conditions being matters of policy, it was the exclusive function of the 
C executive and the legislature, and the scheme of devolution of the power 
envisaged by the Constitution had been deviated from to the extent this 
Court has by its directions prescribed the conditions of service; that this 
Court impinged upon the field exclusively assigned by the Constitution to 
the executive and the legislature; that there was nothing distinguishable 
about the judicial work, and if the directions were followed, the other 
D services may demand similar service conditions and that would place a 
very heavy financial burden on the public exchequer; and that the condi-
tions of work and of employment of judicial officers differed from State to 
State and so uniform conditions of service, particularly of pay- scales and 
of retirement age were not warranted. 
E 
Disposing of the Review Petitions, this Court 
HELD: 1.1. The judicial service is not service in the sense of 
·employment'. The judges are not employees. As members of the judiciary, 
they exercise the sovereign judicial power of the State. They are holders of 
F public offices in the same way as the members of the council of ministers 
and the members of the legislature. When it is said that in a democraq· 
the executive, the legislature and the judiciary constitute the three pillars 
of the State, what is intended to be conveyed is that the three essential 
functions of the State are entrusted to the three organs of the State and 
each of them in turn represents the authority of the State. However, those 
G who exercise the state-power are the ministers, the legislators and the 
judges, and not the members of their staff who implement or assist in 
implementing their decisions. The council or ministers or the political 
executive is different from the secretarial staff or the administrative 
executive which carries out the decisions of the political executive. Similar-
H ly, the legislators are different from the legislative staff. So also the Judge' 
I 
ALL INDIA JUDGES ASSN. v. U.0.1. 
751 
from the judicial staff. The par
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