SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1993 Supreme(SC) 698

A. M. AHMADI, M. N. VENKATACHALIAH, P. B. SAWANT
All India Judges Association: State Of H. P. : Shamsher Bahadur Singh – Appellant
Versus
Union Of India: High Court Of H. P. : State Of Bihar – Respondent


Advocates:
A.K.SRIVASTAVA, A.Subhashini, B.K.PRASAD, M.J.VIJAYVARDHAN RAO, M.VIRAPPA, N.S.SAINI, NILIMA SHANGIA, Niranjana Singh, RAMLU, V.BHASKAR RAO

JUDGMENT

SAWANT, J.:—These review petitions have been filed by the Union of India and various States raising general objections as well as objections to the specific directions given by this Court vide our judgment dated 13th November, 1991# to improve the service conditions of the members of the subordinate judiciary in the country. The general objections which are common in all the petitions may be summarised as follows :

#Reported in AIR 1992 SC 165.

(a) As per Arts. 233 and 234 of the Constitution, the appointment to the posts of District Judges as well as to the posts other than those of the District Judges under the Judicial Service of the State are made by the Governor of the State. The power to regulate their conditions of service belongs to the executive subject to the legislative control. It is entirely in the purview of the respective State legislature, Government to determine the conditions of service and as such this power given to the State Legislature and the State Government is whittled down or curtailed by issuance of the specific directions in this regard by this Court.

(b) In S. L. Sachdev v. Union of India, AIR 1981 SC 411, para 13, this Court has laid down that th









































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top