LexSTATE OF BIHAR AND ANR. versus BAL MUKUND SAH AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
STATE OF BIHAR AND ANR.
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v.
I
BAL MUKUND SAH AND ORS.
MARCH 14, 2000
[S.B. MAJMUDAR, G.B. PATTANAIK, V.N. KHARE, RP. SETHI
B
AND UMESH C. BANERJEE, JJ.]
Constitution of India, Articles 233, 234, 235 and 309-Bihar Reserva-
tion of Vacancies in Posts and Services (for Schedule Castes Scheduled Tribes
and Other Backward Classes) Act, /99I, s.4-Actproviding for reservation
C
for direct recruitment to posts of District and subordinate Judges in Bihar-
Validity of-Held s.4 of Act in its application to subordinate judiciary was
ultra vi res Articles 233 and 234 of the Constitution of India and could not be
sustained-Bihar Judicial Service (Recruitment) Rules, 1955.
Bihar Reservation of Vacancies in Posts and Services (for Scheduled
D
Castes, Scheduled Tribes and Other Backward Classes (Act 1991, ss. 2(c), (n)
and 4-Held, even though the Act as framed applied to judicial service, the
reservation provided by s.4 would not apply to direct recruitment to cadre of
,P.istrict and Subordinate judges; the question of .filling up reserved posts in
cadre of subordi1iate judges would remain germane to the extent of 24% for
SC and ST candidates as prescribed as per the Bihar Judicial Service (Recruit-
ment) Rules, 1955-Constitution of India, Articles I 4, 16( 4) and ( 4-A).
Constitution of India Articles 235 and 309 proviso read with Entry 41
List 11 and Entry I I A List Ill-Legislative power of state in relation to judicial
officers-Held, second part of Article 235 only permits legislation concerning
conditions of service and not in relation to process of or providing reservation
for recruitment of judicial officers.
Constitution of India, Articles 234 and 320-Consultation-With the
E
F
High Court a sine qua non.for direct recruitment of judicial officers at grassroot
level; stood on an entirely different footing as compared to consultation with the
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Public Service Commission.
Words and phrases-"Separation o.f powers between the legislature. the
executive and the judiciary"-"lndependent Judiciary"-Held, both concepts
were now elevated to the level of basic structure o.f the Constitution and
formed the vet)' heart of the constitutional scheme-Interpretation of Statutes.
H
299
A
B
c
D
E
F
G
H
300
SUPREME COURT REPORTS
(2000] 2 S.C.R.
The Bihar Superior Judicial Service Rules, 1951 ['the 1951 Rules'],
framed by the Governor of Bihar under the proviso to Article 309 and in
consultation with the High Court of Patna, did not provide for any
reservation for recruitment to the cadre of district judges. The Bihar
Judicial Service (Recruitment) Rules, 1955 ['the 1955 Rules'] framed by
the Governor of Bihar in consultation with the High Court and the Public
Service Commission provided for reservation to the extent of 14 % for SC
and 10 % for ST candidates in the lower judiciary at the grass-roots level.
Since the High Court had not agreed to the suggestion of the State
authorities for providing reservation in the posts of district and subordinate
judges, the Governor of Bihar issued an Ordinance which was replaced by
the Bihar Reservation of Vacancies in Posts and Services (for Scheduled
Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 ('Act')
under which SO% of the posts to be filled up by direct recruitment were to
be reserved for SCs, STs and Other Backward Classes (OBCs). Reiterating
its stand that the recruitment to the posts of district judges could be made
only in accordance with the 1951 Rules, the High court informed the State
that while making appointments from the Bar for direct recruitment,
preference may be given to SC and ST candidates of equal merit with
general category candidates. The State Government nevertheless issued an
advertisement on June 16, 1994 by which 27 of the 54 vacancies in the posts
of district judges were to be filled up from reserved category of candidates.
Allowing the writ petitions challenging the advertisement as well as
the Act, a Division Bench of the High Court struck down the terms of the
advertisement as being ultra vires Article 233. The Act as far as it applied
reservation to recruitment of persons other than district judges, was struck
down as ultra vires Article 234. The State then appealed to this Court.
The appellant contended that the State's power to enact legislation to
provide for reservation in posts in the judicial service was not excluded by
Articles ZJ3 to 235. Its legislative power flowed fromExcerpt shown. Read the full judgment & AI analysis in Lexace.