Judgment

RANGANATH MISRA, C.J.I. :- This application under Article 32 of the Constitution is by the All India Judges Association and its working President for reliefs through directions for setting up of an All India Judicial Service and for bringing about uniform conditions of service for members of the subordinate judiciary throughout the country.

2. Rule having been granted notice was issued to the Union of India and all the States and Union Territories. Most of them have responded by making returns to the Rule. A few of the States have taken the stand that they would accept whatever this Court ultimate decides while others have placed their view points and yet some others have objected to the reliefs claimed.

3. Mr. Sriramulu, Chairman of the All India Judges Association personally appeared at the hearing. Mr. Raju Ramehandran on our request appeared to support the petition as amicus curiae. At the hearing the Standing Counsel for the several States and Union Territories have also been heard.

4. The plea for setting up of an All India Judicial Service was not seriously pressed and reliefs on the following heads were claimed:

1. Uniformity in the Judicial cadres in the different States and Union Territories;

2. An appropriate enhanced uniform age of retirement for the Judicial Officers throughout the country;

3. Uniform pay scales as far as possible to be fixed;

4. Residential accommodation to be provided to every Judicial Officer.

5. Transport facility to be made available and conveyance allowance provided.

6. Adequate perks by way of Library Allowance, Residential Office Allowance, and Sumptuary Allowance to be provided.

7. Provision for in service training to be made.

5. Administration of justice and organisation of Courts was a provincial subject under the Government of India Act, 1935. The Constitution adopted the same scheme by providing in Entry 3 of List II of the Seventh Schedule the subject of administration of justice, constitution and organisation of all Courts excepting the SC and the High Courts as a State subject. It was only under the 42nd Amendment in 1977 that Entry 3 from List II was deleted and the subject as such was taken as entry 11 -A in the Concurrent list. This had become necessary on account of the recommendation of the Law Commission that an All India Judicial Service should be set up.

6. Prior to independence, the District Judge used to be invariably a Member of the Indian Civil Service and his position in the district was superior to that of the District Magistrate. This position continued until the Indian Civil Service came to be abolished around 1946-47. This long association of the Civil Service with the judicial manning had led to service conditions of both to be tied up. Criminal justice at that time was handled by Magistrates who belonged to the Executive.

7. Under the Constitution, the concept of Rule of Law came to be accepted and developed. Article 50 prescribed the guideline of separating "the judiciary from the executive in the public services of the State" This position is the outcome of recognition of the fact that the judiciary is a class separate from the executive.

8. The control over the subordinate judiciary has been vested in the High Court and the administrative control has been construed to be complete and exclusive. Yet in certain aspects, and particularly in regard to service conditions, the distinction has not been maintained. That is why very often when any specific aspect relating to conditions of service is taken up or benefits for judicial service is considered, comparative basis between the two is adopted for review. It is high time that this aspect is appreciated and the administrative authorities remain alive to it.

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9. We shall first deal with the plea for setting up of an All India Judicial Service. The Law Commission of India in its 14th Report in the year 1958 said.:

"If we are to improve the personnel of the subordinate judiciary, we must first take measures to extend or wid