LexALL INDIA JUDGES' ASSOCIATION versus UNION OF INDIA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
ALL INDIA JUDGES' ASSOCIATION
v.
UNION OF INDIA
NOVEMBER 13, 1991
B
[RANGANATH MISRA, CJ., A.M. AHMADI AND P.B.
SAW ANT, JJ.]
Judicial Service-Subordinate Judiciary-Judge-Duty-Nature.
Judicial Service-Subordinate Judiciary-Role and obligations of
C
District Judge and role and position of rn·a1 Judge in administration of
Justice-Role of High Court in the functioning of subordinate Judiciary,
indicated.
D
E
F
G
H
Constitution of India, 1950-Article 50-Separation of
Judicia~ffect-Judicial Service whether separate class.
Constitution of India, 1950-Articles 233, 234,235, 236, Concurrent
List-Entry I ]-Subordinate Judiciary-Directions for setting up of an
All India .[udicial 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, fixation of retirement age at 60 years . facili-
. ties of residential accommodation, transportation and working library at
the residence of Judicial Officer-Reasons indicated.
The petitioners-All India Judges' Association filed an applica-
tiOn 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 independent
judiciary is totally indispensable. r23 i A]
2.
Rendering justice is a difficult job. Unless the judicial officer
206
WDGES' ASSOCIATION v. U.0.1.
207
bas a reasonably worry free mental condition, it would be difficult to
expect unsoiled justice from bis hands. [223 CJ
3. A judge ought to be wise enough to know that be is fallible
and, therefore, even ready to learn and be courageous enough to ac-
knowledge his errors. The conduct oJ every judicial officer should be
above reproach. He should be coscientious, studious, thorough, courte-
ous, patient, punctual, just, impartial fearless of public clamour, re-
gardless of public praise and indifferent to private, political or parti-
san influences; he should administer justice according to law, and deal
with bis appointment as a public trust; he sbo111ld not allow other .
affairs or bis private interests to interfere with the~ prompt and proper
performance of bis judicial duties, nor should he administer the office
for the purpose of advancing his personal ambitions or increasing bis.
-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 sepa-
rating "the judiciary from the executive in the p111blic 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 DJ
A
B
c
D
5. The Trial Judge is the kingpin in the hforarchical system of
administration of justice. He directly comes in contact with the liti-
gant during the proceedings in Court. On .him lies the responsibility of
building up of the case appropriately and on his lllnderstanding of the
E
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 F
district. It is the obligation of the district judge to operate as the
captain of the team both under his direct supervision at the headquar-
ters and in respect of the officers located in different areas within bis
district. Of late, lower or subordinate courts are being established in
the outlying and rural interior. It is the obligation oftbe district judge
to inspect the outlying courts, maintain the proper· judicial tempo and
G
temper of functioning in his district and be responsible for the effi-
cient 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 H
208
SUPREME COURT REPORTS
(1991] SUPP. 2 S.C.R.
A
the1 subordinate judiciaExcerpt shown. Read the full judgment & AI analysis in Lexace.