LexSTATE OF UTTAR PRADESH & ORS versus ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD & ORS
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* Author [2024] 1 S.C.R. 211 : 2024 INSC 4 Case Details The State of Uttar Pradesh & Ors. v. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors. (Civil Appeal Nos 23-24 of 2024) 03 January 2024 [Dr Dhananjaya Y Chandrachud*, CJI, J B Pardiwala and Manoj Misra, JJ.] Issue for Consideration Whether the High Court had the power to direct the State Government to notify Rules proposed by the Chief Justice pertaining to post-retiral benefits for former Judges of the High Court; whether the power of criminal contempt could be invoked by the High Court against officials of the State Government on the ground that the application for recall was ‘contemptuous’; and as regards the broad guidelines to guide courts when they direct the presence of government officials before the court. Headnotes Constitution of India – Arts 226, 229 – Summoning of government officials – Invocation of criminal contempt – Writ petition by the first respondent-Association seeking an increase in the allowance granted to former judges of the High Court for domestic help and other expenses – Issuance of direction by the High Court directing the State Government to inter alia notify rules proposed by the Chief Justice of the High Court pertaining to ‘Domestic Help to Former Chief Justices and Former Judges of the Allahabad High Court’ by the next date of hearing – Also directed the certain officials to be present before the court on the next date if the order was not complied with – Application filed by the State seeking recall of the aforesaid Order – High Court held that the recall application was ‘contemptuous’ and initiated criminal contempt proceedings against various officials of the Government – Also the officials present in the court, including the Secretary (Finance) and Special Secretary (Finance) taken into custody and bailable warrants 212 [2024] 1 S.C.R. DIGITAL SUPREME COURT REPORTS issued against Chief Secretary and Additional Chief Secretary (Finance) – Correctness: Held: High Court did not have the power to direct the State Government to notify Rules proposed by the Chief Justice pertaining to post-retiral benefits for former Judges of the High Court – Power of criminal contempt could not be invoked by the High Court against officials of the Government of Uttar Pradesh on the ground that the application for recall of the First Impugned Order was ‘contemptuous’ – Conduct of the High Court in frequently summoning government officials to exert pressure on the government, under the threat of contempt, is impermissible – Issuance of bailable warrants by the High Court against officials, who was not even summoned in the first place, indicates the attempt by the High Court to unduly pressurise the government – Thus, both the Impugned Orders set aside – Standard Operating Procedure (SOP) on personal appearance of government officials in court proceedings framed by this Court. [Paras 46, 47] Constitution of India – Art. 229(2) – High Court directing the State Government to notify the Rules proposed by the Chief Justice pertaining to post-retiral benefits for former Judges of the High Court – Correctness: Held: High Court did not have the power to direct the State Government to notify Rules proposed by the Chief Justice pertaining to post-retiral benefits for former Judges of the High Court – Chief Justice did not have the competence to frame the said rules u/Art. 229 – High Court, acting u/Art. 226, cannot usurp the functions of the executive and compel the executive to exercise its rule- making power in the manner directed by it – Compelling the State Government to mandatorily notify the Rules by the next date of hearing, in the First Impugned Order, virtually amounted to the High Court issuing a writ of mandamus to notify the Rules proposed by the Chief Justice – Such directions by the High Court are impermissible and contrary to the separation of powers envisaged by the Constitution – High Court, acting on the judicial side, could not compel the State Government to notify Rules proposed by the Chief Justice in the purported exercise of his administrative powers – Thus, the High Court acted beyond its jurisdiction u/Art. 226 by frequently summoning officers to expedite the consideration of the Rules and issuing directions to notify the Rules by a fixed date, under the threat of criminal contempt. [Paras 25, 26, 28-30, 46a] [2024] 1 S.C.R. 213 THE STATE
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