Holding

The Supreme Court directed the Union and the States to establish an All‑India Judicial Service, to bring uniformity in designations, raise the retirement age of subordinate judicial officers to 60 years, and to provide residential accommodation, a working library, transport facilities, sumptuary allowances and in‑service training institutes, while leaving pay‑scale determinations to future pay commissions.

Summary

The All India Judges' Association filed a writ petition under Article 32 seeking directions for the creation of an All‑India Judicial Service and uniform service conditions for the subordinate judiciary, including retirement age, pay, accommodation, transport, library and in‑service training. The Court examined the constitutional provisions relating to the separation of judiciary from the executive (Art. 50) and the control of subordinate courts by High Courts (Arts. 233‑236) and considered the recommendations of the Law Commission. It held that the establishment of an All‑India Judicial Service and uniform designations are necessary to ensure an independent and efficient judiciary, and that the Union and States must act to implement them. The Court directed the Union to set up the service, to raise the retirement age to 60 years, to provide residential accommodation, a working library, transport facilities and sumptuary allowances, and to establish in‑service training institutes, while leaving pay‑scale revisions to future pay commissions. The petition was disposed of with these directions.

Issues considered

Whether an All‑India Judicial Service should be created for the subordinate judiciary
Whether uniform designations and service conditions for subordinate judges are constitutionally required
Whether the retirement age of subordinate judicial officers should be raised
Whether the Court can direct the provision of residential accommodation, transport, library and allowances for judicial officers
Whether pay‑scale matters can be directed by the Court or must await pay commissions
Interpretation of Articles 233, 234, 235, 236 and Article 50 of the Constitution in relation to the subordinate judiciary

Legislation cited

All India Services Act, 1951
Constitution of Indias. Article 233, s. Article 234, s. Article 235, s. Article 236, s. Article 50

Subjects

All India Judicial ServiceSubordinate judiciaryUniform service conditionsRetirement ageJudicial accommodationJudicial libraryIn‑service trainingArticle 32Article 50High Court controlJudicial independence

Judgment

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.

Constitution of India, 1950-Article 50-Separation of
Judicia~ffect-Judicial Service whether separate class.
D
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.

E 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 ofJudicial Officer-Reasons indicated.

F 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.
G
Disposing of the writ petition, this Court,

HELD: 1. For a civilised society an enlightened independent
judiciary is totally indispensable. r23 i A]

H 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 A
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- B
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.
c
-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
D
State". This position is the outcome of recognition of the fact that the
judiciary is a class separate from the executive. {211 DJ
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 judiciary under Article 235 in the High Court as a
wltole 1and not its Chief Justice alone. Every Judge should, therefore,
take ,adequate interest in the institution which is placed under the
control of the High Court. The administrative control of the subordi-
nate courts of the State vests not in the Chief Justice alone but in the
Court over which the Chief Justice presides. [231 A-CJ
B
8. There is a marked distinction between the nature of work
which executive officers and judicial officers are \!ailed upon to dis-
charge. The work of the judicial officers is usually sedantry while that
of the executive officer involves a lot of physical movement. This is
particularly so in the lower cadres of both the services. In view of this
c feature physical fitness is more important for an executive officer than
in case of a judicial officer while in case of judicial officers, there is
thus necessarily more of mental activity than physical. Experience is
an indispensable factor and subject to the basic physical fitness with
growing age experience grows. [217 D-E]

D 9. Today a judicial officer always looks at life in a comparative
way with administrative officers of his age. Professional income at the
Bar has tremendously swelled up. Very often counsel's ·fee per day
equals to the salary of a judicial officer for a full month or even a
longer period. This great disparity affects peace and equilibrium in
the judicial operation. [227 DJ
E
10. It is absolutely necessary that the Judge enjoys freedom from
personal worries. A reasonable salary appropriate allowances and man-
ageable living conditions are, therefore, required to be provided. [226
E]
F
11. An A!I India Judical Service should be set up and the Union
of India should take appropriate steps in this regard. [232 CJ

12. Steps should be taken to bring about uniformity in designa-
tion of officers both in civil and the criminal side by 31.3.1993. [232 C)
G
13. Retirement age of judicial officers be raised to 60 years and
appropriate steps be taken by 31.12.1992. (232 CJ

14. As and when the Pay Commissions/Committees are set up in
the States and Union Territories; the question of appropriate pay scales
H of judicial officers be specifically referred and considered. (232 DJ
L
JUDGES' ASSOCIATION v. U.0.1. 209

1S. A working library at the residence of every judicial oTficer A
has to be provided by 30.6.1992. Provision for sumptuary allowance·
bas to be made. [232 DJ

16. Residential accommodation to every judicial officer has to be
provided and until State accommodation is available. Government should
provide requisitioned accommodation for them by 31 . 12.1992. In pro- B
viding residential accommodation, availability of an office room should
be kept in view. (232 E]

17. Every District Judge and Chief Judicial Magistrate should
have a State vehicle, Judicial officers in sets of S should have a pool
vehicle and others would be entitled to suitable loam> to acquire two C
wheeler automobiles within different time limits. [232 F]

18. In service Insititute should be set up within one year at the
Central and State or Union Territory level. [232 G)

The Law Commission of India - 14th Report, 1958 Judges : by D
Professor Pannick; Law Commission ofIndia, 11th Report-referred to.

Moti Ram Deka, etc. v. The General Manager, North East Frontier
Railway, Maligaon, Pandu, etc., [1964) S SCR 683; Secretary, Govern-
ment of Madras, Home Department and Another v. Zenith Lamps and
Electrical Ltd.. AIR 1973 SC 724; Devi Prasad Shanna and Others v. E
The King Emperor, 10 IA 216; Baradakanta Mishra v. The Registrar of
Orissa, High Court and Another, (1974) 2 SCR 282, referred to.

ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1022of1989.

(Under Article 32 of the Constitution of India). F

Sri Ramulu, A.T.M. Sampath, A.K Srl~astava and Raju Ramchandran
for the Petitioners.

Tapas Ray, R.N. Sachthey, P.S. Poti, Yogeshwar Prasad, V.C. Mahajan,
U.N. Bachawat, A.S. Nambiar, Kailash Vasudev, Ms. A. Subhasbini, G
Hemantika Walli, Vasudata Talib, Anip Sachthey, T.T. Kunhikannan, Ms.
Rachna Gupta, Mrs. S. Dikshit, Ms. S. Janani, Ms. Urmila Kapoor, M.
Veerappa; K.H. Nobin Singh, Ashok Singh, S.K. Agnihotri, Aruneshwar
Gupta, K.C. Bajaj, Ms. Renu George, K. Chaudhary, A.S. Bhasme, H.S.
Munjral, 0.1(. Bansal, R. Mohan, .P.K. Manohar, Ms. S. Vasudevan, B.
Parthasarthy, V. Krishnamurthy; A.K~ Panda, J. R. Das, D.K. Sinha, D.N. H

•
210 SUPREME COURT REPORTS (1991] SUPP. 2 S.C.R.

A Mukherjee, Gopal Singh, P. Chowdhary, Indra Makwana and K. Swamy
for the Respondents.

The Judgment of the Court was delivered by

RANGANATH MISHRA, CJ. This application under Article 32
B of the Constitutaon 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 coun-
try.

C 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 ultimately decides. while others
have placed their view points and yet some others have objected to the
reliefs claimed.
D
Mr. Sri Ramulu, Chairman of the All india Judges, Association per-
sonally appeared at the hearing. Mr. Raju Ramchandran 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.
E
The plea for setting up of an All India Judicial Service .was not
seriously pressed and reliefs on the following heads were claimed:
l. Uniformity in the Judicial cadres in the different States and Un-
ion Territories;
F 2. An appropriate enhanced. uniform age of retirement for the Judi-
ci~l Officers throughout the country;
3. Uniform pay scales as far as possible to be fixed;
4. Residential accommodation to be provided to every Judicial Of-
ficer.
G 5. Transport facility to be made available and conveyance allow-
ance provided.
6. Adequate perks by way of Library Allowance, Residential Office
Allowance .and Somptuary Allowance to be provided. ·
t
I
7. Provision fQr inservice training to be made.
Administration of justice and organisation of courts was a provincial
H
subject under the Government of India Act, 1935. The Constitution adopted ·
nJDGES' ASSOCIATION v. U.O.l. [MISRA, CJ.] 211

the same scheme by providing in Entry 3 of List II of the Seventh Sched- A
ule the subject of administration of justice, constitution and organisation
of all courts excepting the Supreme Court 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_ofthe recommen-
dation of the Law Commission that an All India Judicial Service should B
be set up.

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 C
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.

Under the Constitution, the concept of Rule of Law came to be
accepted and developed. Article 50 prescribed the guideline of separating D
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.

The control over the subordinate judiciary has been vested in the
High Court and the administrative control has been construed to be com- E
plete 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 considere:d, 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. F

I

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 1953 said: G
"If we are to improve the personnel of the subordinate judici-
ary, we must first take measures to extend or widen our field
of selection so that we can draw from it really capable person.
A radical measure suggested to us was to recruit the judicial
service entirely by a competitive test or examination. It was H
( 212 SUPREME COURT REPORTS (1991] SUPP. 2 S.C.R.

A suggested that the higher judiciary could be drawn from such
competitive tests at the aH-India level and the lower judiciary
can be recruited by similar tests held at State level. Those
eligible for these tests would be graduates who have taken a
law degree and the requirement of practice at the Bar should
be done away with.
B Such a scheme, it was urged, would result in bringing into the
subordinate judiciary capable young men who now prefer to
obtain immediate remunerative employment in the executive
branch of Government and in private commercial firms. The
scheme, it was pointed out, would bring to the higher subordi-

-
nate judiciary the best talent available in the country as a
c whole, whereas the lower subordinate judiciary would be drawn
from the best talent available in the State".
The Commission proceeded to further state:

"Recruitment to the higher judiciary at the all-India level in
D the manner suggested would be a powerful unifying influence
and serve to counteract the existing growing regional tenden-
cies. In this connection, attention may be drawn to the obser-
vati()ns made by the States Reorganisation Commission in re-
gard to the creation of the All India ·Services as a major com-
pelling necessity for the nation. The Commission observed:.
E "The raison d'etre of creating All India Services, individually
or in groups, is that officers on whom the brunt of responsibH-
ity of administration will inevitably faH, may develop a wide
and all-India outlook .... The present emphasis on regional
languages in the Universities will inevitably lead to the growth
of parochial attitude, which will only be corrected by a system
F of training which emphasises the all-India point of view ......... .It
has not been very easy for us to balance these considerations,
but we are definitely of the view that proportion of the higher
judiciary should be recruited by competitive examination at
the all-India level so as to attract the best of our young gradu-
ates to the judicial service. This measure will enlarge the field
G of selection and bring into the higher judicial service a leaven
of brilliant young men who will set a higher tone and level tQ
the subordinate judiciary as a whole. TI1e personnel so re-
cruited will be subjected to an intensive training. The rest of
the higher judiciary should, in our view, be recruited in part
directly from senior members of the Bar, and partly by promo·
H tion fr.om t_he lower subordinate judiciary".
JUDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 213

' Dealing with the same·subje~t from a different angle, the Commis- A
sion proceeded to say:

"The great advantage that the Indian civilian had, was the
intensive and varied course of training which he had to un-
dergo. Ai the time of his first entry into service, his training
was confined to matters pertaining to the revenue and criminal B
administration alone, but when he was taken over to the judi-
ciaf side, generally an equally intensive training in civil law•.
was given to him for a period of not less than eighteen months:
There can be no doubt that a similar intensive judicial training?-:
given to a judicial officer who possesses a law degree can be
of the greatest value ......... .Indeed, it can be claimed that a C
planned and systematic training such as is contemplated by us
for the judicial officer selected for the Indian Judicial Service
may be more effective than the uncertain and spasmodic train-
ing which may be received during the course of a few years
practice at the Bar. These and the other considerations referred
to earlier have led us to the conclusion that in the interests of D
the efficiency of the subordinate judiciary, it is necessary that
an All India Service called the Indian Judicial Service should
be established. This will need action being taken in the manner
provided by Article 312 of the Constitution".
The Law Commission has reiterated this view in subsequent reports.
E
It took nearly 20 years for the Government to take follow up action on the
basis of the recommendation and that led to the amendment of the legisla-
tive entries as.already referred to.

This proposal of the Law Commission and the follow up govern~
mental action led to consultation and dialogue in the Conference of Chief F
Justices of the High Courts but many of the High·Courts were of the view
that setting up of an All India Judicial Service would affect the constitu-
tional scheme of control of the High Courts over the subordinate judiciary
and in particular Article 235 of the Constitution. Article 233 makes provi-
sion for appointment of District Judges and requirns that appointment to
such posts has to be made by the Governor of the State in consultation G
with the appropriate High Court. Article 234 provides for recruitment of
persons other than District Judges to judicial service by prescribing that
appointments shall be made by the Governor of the State in accordance
with the Rules made by him in that behalf afte1r consulting the State'
Public Service Commission and the High Court exercising the jurisdicti<111
.in relation to such State. The post of District Judge has ordinarily been H
equated with the senior scale status in the All India Services. It was
214 SUPREME COURT REPORTS [1991) SUPP.2 S.C.R.

A perhaps not contemplated by the Law Commission that on appointment
members of the proposed All India Judicial Service were to hold the post
of District Judge. Like all other All India Services the initial recruitment
could be to a lower rank equal to civil judge and after serving in such post
for a reasonable time appointment to the post of District Judge could be
made. Sin::e the Law Commission itself was of the view that a percentage
B should be filled up by direct recruitment from the Bar, the scheme envis-
aged by the Law Commission would not require amendment of Article
233. It is to be examined whether any alterations in Article 234 would be
necessary or recruitment to All India Service could be made by appropri-
ate amendment of the State Rules contemplated under that Article.

c Control over the subordinate courts under the constitutional mecha-
nism is vested in the High Court. Under Article 235, the provision is that
the control over District Courts and courts subordinate thereto vests in the
High Court. The main objection against implementation of the recommen-
dation of the Law Commission relating to the setting up of the All India
Judicial Service was founded upon the basis that control contemplated
D under Article 235 of the Constitution would be affected if an All India
Judicial Service on the pattern of All India Services Act, 19 51, is created.
We are of the view that the Law Commission's recommendation should
not have been dropped lightly. There is considerable force and merit in
the view expressed by the Law Commission. An All India Judicial Service
essentially for manning the higher services in the subordinate judiciary is
E very much necessary. The reasons advanced by the Law Commission for
recommending the setting up of an All India Judicial Service appeal to us.

Since the setting up of such a service might require amendment of
the relevant Articles of the Constitution and might even require alteration
of the Service Rules operating in the different States and Union Territo-
F ries, we do not intend to give any particular direction on this score par-
ticularly when the point was not seriously pressed but we would commend
to the Union of India to undertake appropriate exercise quickly so that the
feasibility of implementation of the recommendations of the Law Com-
mission may be examined expeditiously and implemented as early as
possible. It is in the interest of the health of the judicia.ry throughout the
G country that this should be done.
II

The Law Commission in the 14th Report also referred to the vari-
ous designations provided for judicial officers working in the different
H States and Union Territories. It observed:
RJDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.) 215

"In view of the more or less uniform functions performed by A
the judicial officers so variously designated, it would, we think,
be advisable to aim at .a unifonnity of designation. There is,.
however, a fundamental difference in the general scheme of
distribution of judicial business between the lower grade of
officers (munsifs) on the one hand, and the higher grllde of
officers (subordinate judges) on the other. The first has limited B
pecuniary jurisdiction while the second, generally speaking,
has unlimited pecuniary jurisdiction. We would, therefore, suggest
that the State Judicial Service-Class· II should consist. of civil
judges who should be designated as civil judges of the senior
and junior divisions. Officers corresponding to munsifs would
be designated as civil judges (junior division) and those corre- C
sponding to subordinate judges would be designated as civil
judges (senior division)".

If reference is made to Article 236 of the (;onstitution, it would be
noticed that the expression "District Judge" has been defined to include
Judge of a City Civil Court, Additional District Judge, Joint District Judge, D
Assistant District· Judge, Chief Judge of a Small Causes Court, Chief
Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions
Judge, Additional Sessions Judge and Assista11t Sessions Judge. This defi-
nition in Article 236 covers the higher section of the State Judicial Service
both in the civil and criminal sides. The definition is only inclusive and in
implementing the recommendations of the Law Commission to simplify E
the designations by saying that the hierarchy of subordinate judicial offic-
ers would be District Judge or Additional District Judge, below him Civil
Judge (Senior Division) and below him Civil Judge (junior division) does
not go against the constitutional scheme nor does it require any amend-
ment of the Constitution. If there be any laws operating in the States,
perhaps the same may have to be appropriately modified or altered if the F
uniformity recommended by the Law Commission has to work out.

We are inclined to adopt the view of the Law Commission. On the
civil side, the State Judicial Service, therefore, should be classified as
District or Additional District Judge, Civil Judge (senior division) and G
Civil Judge (junior division). On the criminal side,..there should be a
Sessions Judge or Additional Sessions Judge and below him there should
be the Chief Judicial Magistrate and Magistrates provided for in the Code
of Criminal Procedure. Appropriate adjustments, if any, may be made of
existing posts by indicating their equivalence with any of these categories.
The process of bringing about such uniformity would require some time H
'216 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A and perhaps some monitoring. We direct that the Ministry of Law and
JuStice of the Union Government would carry on the monitoring activity
and all the S•,,ates and Union Territories would follow the pattern indicated
above by March 31, 1993.

III
B
One of the issues debated at the hearing related to the age of retire-
ment. The Constitution has fixed the age of retirement of Judges in the
High Courts and the Supreme Court at 62 and 65 years respectively. There
is no constitutional prescription :>f the age of retirement of the members
of the subordinate judiciary and in India that is controlled by the relevant
c rules obtaining in the different States and Union Territories and it is 58
years at present excepting in the State of Kerala where the age of superan-
nuation is 55 years for all State Government employees including the
members of the State Judicial Service.

It is the claim of the petitioners that the age of retirement of the
D officers of the subordinate judiciary should be fixed at 60 years inasmuch
as the basic qualification for recruitment to the service requires every
officer to have in the minimum a bachelors degree in law which is acquir-
able after becoming a graduate. Thus, while for normal civil service a
graduate is eligible, for recruitment to the judicial service a minimum
further period of three years becomes necessary to acquire the basic quali-
E fication. In many of the states and the Union Territories, for recruitment
to the post in the judicial service a basic period of experience at the Bar is
a pre-requisite. Thus, while for the civil service the age of recruitment
varies between 25 and 28 years, for judicial service at the basic level most
of the States permit entry upto the age of 32. In some of the States where
direct recruitment of judicial officers for an inbetween stage is permitted,
F the age of entry is even upto 35 years. Article 233(2) of the Constitution
provides:

"A person not already in service of the Union or of the State
shall only be eligible to be appointed a District Judge if he has
b@en for not less than seven years an advocate or a pleader and
G is recommended by the High Court for appointment".
Keeping this constitutional requirement in view in respect of direct
recruitment for District fodge, entrance is permitted upto a later age in
many States. Thus at the point of entry into service there is a marked
distinction between civil service and the judicial service.
H
Notwithstanding these special features the history of the service
(

(
I
IDDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 217

would show that no distinction has been maintained in regard to the age of A
re,irement between officers of the civil service and the officers of the
judicial service and over the years the same rule has been applied to both.
This Court in Moti Ram Deka, etc. v. The General Manager, North East
Frontier Railway, Maligaon, Pandu, etc., [1964] 5 SCR 683 pointed out:

"In regard to the age of superannuation, it may be said prima B
facie that rules of superannuation whic:h are prescribed in re-
spect of public service in all modem States are based on con-
siderations of life expectation, mental capacity of the civil
servants having regard to the climatic conditions under which
they work, and the nature of the work they do. They are not
fixed on any ad hoc basis and do not involve the exercise of C
any discretion. They apply uniformity to all public servants
falling under the category in respect of which they are framed..... "

Nature of work is thus one of the considerations relevant to fixing
the age of retirement.
D
There is a marked distinction between the nature of work which
executive officers and judicial officers are called upon to discharge. The
work of the judicial officers is usually sedantry while that of the executive
officers involves a lot of physical movement. This is particularly so in the
lower cadres of both the services. In view of this feature physical fitness is
more important for an executive officer than in case of a judicial officer E
while in case of judicial officers, there is thus necessarily more of a
mental activity than physical. Experience is an indispensable factor and
subject to the basic physical fitness with growing age experience grows.

As already indicated, retirement age for High Court Judges is 62
years. A sizable portion of the manning in the High Court is done by
F
elevating District Judges and those who are elevated continue upto the age
of 62 years like directly elevated members of the Bar to the High Court.

There are certain services in the States where retirement is fixed at
the age of 60 years taking into account the special type of work the
G
officers are called upon to perform. For instance, throughout the country
teachers of wiiversities are allowed to serve upto 60 years of age. Em-
ployees under some of the corporations also go upto the age of 60. Scien-
tific Research Officers are also allowed in many cases the benefit of 60
years age of retirement.
H
Mr. Poti for the State of Kerala raised serious objection to raising
218 SUPREME COURT REPORTS [1991) SUPP. 2 S.C.R.

A the age of retirement of judicial officers to a common level of 58 years by
contending that this would lead to unrest in the other services of the State
and everyone would press for the age of retirement being enhanced to 58.
In fact, Kerala had once experimented with the enhanced age for all and
has reverted back to the age of 55. The main ground raised by Mr. Poti to
resist the pmposal of enhancement is that in the State of Kerala the level
B of literacy is high and unen1ployment is acute. If the age of retirement is
enhanced the scope of the unemployed to get employment would be ad-
versely affected. We are not impressed by the submission of Mr. Poti on
this score. The total number of judicial officers of every category in the
State may not exceed 3,000 or so. This certainly is not such a big number
that might create unemployment problem in the event of the age of super-
C annuation being brought to the all India level of 58 or even enhanced to a
higher limit.

The Law Commission in its 14th Report dealt with this aspect at
page 213 of the report and said:

D "There is yet another reason why the question of the age of
retirement of the subordinate judiciary should be treated dif-
ferently from that in other State Services. As noticed earlier a
judicial officer enters service at a comparatively higher age
than a recuit to the executive or administrative services. It
would, therefore, be proper that the retirement age of a judici.al
E officer should be relatively higher than that of an executive
officer, so as to enable him to serve for the full number of
years if he retains his fitness and capacity of work till he
reaches such higher age.
We, therefore, recommend that the retirement age of the sub-
F ordinate judiciary in all States should be raised to 58 years.
Such a measure will tend to raise the tone and morale of the
judicial service as a whole. It will also be consistent with our
recommendation to raise the age of retirement of High Court
Judges to 65 years."
The recommendation that superannuation should be fixed at 58 for
G judicial officers was made at a time when in public services retirement
was prescribed at the age of 55. Considering the enhancement of the
longevity of human life and taking all other relevant considerations into
account, all the States and all the Union Territories have now enhanced
the age of retirement to 58 years excepting,~ already pointed out, in the
case of the State of Kerala. We are of the view that on the logic which
H was adopted by the Law Commission and for the reasons which we have
JUDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 219

indicated the age of retirement of judicial officers should be 60 years. We A
accordingly direct that appropriate alterations shall be made in the Rules
obtaining in the States and Union Territories in respect of judicial service
so as to fix the age of retirement at 60 years with effect from December
31, 1992. We have given a Jong period so that appropriate amendments
may be made in the meantime.
B
IV

We shall now deal with the claim for appropriate pay scales and on,
as nearly as possible, uniform basis. The 14th Report of the Law Commis-
sion dealt with this matter at page 163 of the report and said:
c
"It is the matter of scales of pay and remuneratio», the judici-
ary compares unfavourably with the exi~cutive branches of the
Government. It is true that, generally speaking, the scales of
pay of the judicial· officers and the corresponding executive
officers are identical in many of the States. However, it has to
be remembered that the executive officers are, by and large, D
recruited at a much younger age than the judicial officers. The
entrant to the judicial services is required to be a graduate in
law and in most of the States it is also necessary that he should
have practised for a certain number of years at the Bar. On the
other hand, for recruitment to the executive branches of Gov-
ernment service, a degree in arts or science is, generally speaking, E
sufficient. In the result, a person entering the judicial service
does so when he is about 26 or 27 years of age and at a time
when his contemporaries who have entered the executive serv-
ice of the Government have already acquired a certain senior-

- ity in the service and have come to draw a higher salary. It
will thus be seen that a person joining the judicial service
starts with -a lower remuneration than what he would have
received ifhe had entered the executive: service for a few years
F

earlier. It has also to be noted that owing to the lesser propor-
tion of superior posts in the judicial service promotions come
less quickly to the judicial officers, and a person who has
entered the service as a munsif, asswning that he is fit and G
fully qualified, takes much longer time to become a district
judge than would an equally competent deputy collector to
reach the position of a collector. Again the judicial officer,
having started at a late~ age, has a sho1ter span of service than
the executive officer and this affects his pension and other
· retirement benefits". H
220 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A We had cailed for the prevailing pay scales of the different judicial
cadres in the States and the Union Territories and the same have been
made available to us. We found that there is wide violence in the pay
structure prevailing in the various States and Union Territories and for the
same nature of work perfonned by the judicial officers ~hey are remuner-
ated differently. It is difficult for us on the data now placed to get into the
'B exercise of fixing the appropriate pay scales. We suffer a handicap in the
absence of full details necessary for fixing the appropriate pay scales on
comparative basis. Again, we are apprehensing that if we enter into the
matter and say something in a final way, it is possible that in some States
benefits which are now available may be taken away or adversely affect
some officers. For these reasons, we do not propose to finally examine the
c propriety of the existing pay scales nor do we direct any pay scales to be
fixed.

A Pay Commission for the Central Government employees was ap-
PQinted about 8 years back and on the basis of its Report the revised
benefits have been given effect to from January I; 1986. Following that
D pattern, most of the States have either given the Central scales or ap-
pointed their own commissions or committees and given the revised ben-
efits to their officers. It appears that with an interval of I 0 years or so
such a commission is being appointed and pay scales are being reviewed.
Such an exercise is likely to be undertaken within less than three or four
years. We are of the view that the claim on this score can be better
E handled when the pay commissions or committees in the States are set up
to review the position. We direct that as and when such commissions or
committees are set up in the States and Union Territories hereafter, they
separately examine and review the pay structure of judicial officers keep-
ing in view all relevant aspects.

F V.

Under this head, however, we would like to deal with the claim for
various allcwanc,es~: Unlike the adD\inistrative officer, the judicial officer
is obliged to work for long hours at home. When he reserves a judgment
he has usually to prepare the same at his residence. For that purpose, he
G has to read the records as also the judicial precedents cited by counsel foi
the adversaries. Even otherwise with a view to keeping himself upto~te
about ·the legal position he has to read judgments of his own High Court,
other High Courts and of the Supreme Court. He has also to read legal
journals. The judicial officer very often has no provision of an officer at
his residence. Unless a reasonable allowance is provided for maintaining
H an office, it b_ecame very difficult for him to undertake the various aspects
IDDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 221

of the exercise referred to above. We are of the view that a residenti~ A
office allowance should be admissible to every judicial officer. The same
for the civil judge (junior division) and the civil judge (senior division) be
fixed at the rate of Rs. 250 per month and officers of the higher category
the monthly allowance should be Rs. 300.

-
Law books, Law reports and legal journals are indispensable to a B
judicial officer. They are in fact his tools and in case a junior officer has
to discharge his duties satisfactorily he has to get acquainted with these.
His ability to perform his duty to a considerable extent depends upon his
reading habit and devoting a sizeable working time to reading all this
literature. Reading habit is indispensable to a judicial officer and posses-
sion of a small library of one's own helps generation of the proper reading C
habit. Law books and Law journals have in particular become very costly
these days. One standard Law j<;>urnal for the decisions of the High Court,
another for the decisions of this Court and one or two Standard Law
journals on the average would cost about Rs. 200 a month.

There is no existing system of providing Law books and journals to D
the officers of the lower judiciary. Many of the judicial officers in the
lower ranks have their working places away from the district headquarters
wh~re the seat of the district judge is located. There is perhaps at every
district headquarter a small library but the number of books is small and
· more than o!le copy of many of the books would not be available. There-
fore, whether it is at the district headquarter or in areas away therefrom, E
effective library facility is not available. We are of the view that a uni-
form pattern of small library should be provided to every judicial officer.
We accordingly direct that such a library shall be made available by
30.6.1992 to every judicial officer and the District Judge should have
provision made in his budget for the said residential library for every
judicial officer under his control. The High Court should monitor this F
aspect effectively so that without loss of time, a handy library may be at
the disposal of every judicial officer.

The District Judge is the principal judicial officer of the district.
Ordinarily every revenue district has a district judge and his seat is lo-
cated at the headquarter. In heavy stations, the district judge has a team of G
additional district judges to assist him. There would also be a number of
judicial officers of lower categories working at the headquarters. It is the·
obligation of the district judge to operate as the captain of the team both
under his direct supervision at the headquate.rs and in respect of the offic-
ers located in different areas within his district. Of' late, lower or subordi-
nate courts are being established jn the outlying and rural interior. It is tl1e B
222 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A obligation of the district judge to inspect the outlying courts, maintain the
proper judicial tempo and temper of functioning in his district and be
responsible for the efficient running of the system.

In many of the States the prevailing practice·is that the district judge
takes a monthly meeting with the collector and district magistrate and the
B superintendent of police. He also meets the members of the Bar. Now and
then he meets his judicial officers-those at the headquarters as also the
others who are in the interior. It is desirable that the district judge devotes
some time as frequently as possible and at least once a week to meet the
judicial officers beyond the working hours, discusses working problems of
his officers and forms his own opinion about now the work is being done.
C A weekly assessment of such performance generates even temper of judi-
cial activity and upholds the tempo being maintained at the appropriate
level. There is not yet any definite system of judicial training in most of
the States and Union Territories. A judicial officer with his first posting or
until he acquires adequate experience requires guidance. It should ulti-
mately be the obligation of the district judge to provide the same, we are
D of the view that to the post of district judge a monthly allowance of Rs.
300 by way of sumptuai-y allowance should be available to enable him to
extend small courtesies at such meetings. The chief judicial magistrate
does some of these activities in respect of the magistrates handling crimi-
nal work. In our opinion he should be entitled to a sum of Rs. 200 per
month by way of sumptuary allowance. We are aware of the fact that
E under the conditions of Snvice Act of High Court Judges, a sumptuary
allowance of Rs. 300 is payable to them every month. Now that we have
directed that Rs. ~00 should be fixed for the district judges, we command
that the sumptuary allowance fixed for the High Court Judges may be
enhanced suitably. These allowances shall be payable from 1.4.1992. We
would like to add that this allowance is intended for utilisation to the full
F extent for entertaining judicial officers. in connection with preformance of
duty and would not be considered as a perk for being included in the
hands of the recipient as his income.

VI

G Provision of an official residence for every judicial officer should be
made mandatory. A judicial officer to work in a manner expected of him
has to free himself from undue obligations of others, particularly owners
of buildings within his jurisdiction who ordinarily may have litigations
before him. This is mostly the case in rural areas where outstation judicial
courts are located. We are aware of cases where a rural court is located in
H the building belonging to a lawyer or a client. Even the residential accom-
ruDGES' ASSOCIATION v. U.0.1. [MISRA, CJ,] 223

modation of the judicial o~cer belongs to people of that category. Such a A
situation often gives occasion to personal embarrassment to the judicial
officer and it has to be avoided.

Expenditure on residential accommodation in a family budget is not
ordinarily to exceed 15 per cent of the monthly income, otherwise it ·
becomes difficult for the person concerned to make his two ends meet. A B
judicial officer who is not provided residential accommodation is obliged
to go in for rented accommodation. In view of the prevailing rate of rent,
the smallest accommodation that can be taken may often cost 75 per cent
to 100 per cent of the monthly salary, a situation which cannot be contenanced
by any logic. It is absolutely necessary that appropriate conditions should
be provided for the judicial officer and he should have reasonable mental C
peace in order that he may perform his duties satisfactorily. Rendering
justice is a difficult job. It is actually a divine act. Unless the judicial
officer has a reasonable worry free mental condition, it would be difficult
to expect unsoiled justice from his hands:

Very often building proj.xts are undertaken for providing residential D
accommodation to public officers but the requirement of the judicial of-
ficer is not taken into account for one reason or the other. Control of the
State purse is in the hands of the· executive. As appropriate share of
construction expenses is not being provided towards accommodation of
judicial officers, thl"y do not have any quota in the building projects. As a
result of this over the years at several places throughout the country E
residential accommodation for judicial officers has turned out to be scanty.
Many judicial officers dread postings in Metropolitan towns as residential
accommodation is not available and the rental would be exorbitant in
respect of private accommodation. The cost of living also becomes heavy.

We take judicial notice of the fact that the Planning Commission of F
the Central Government is considering acceptance of the subordinate judi-
ciary as a plan subject. Providing adequate residential accommodation
should be considered as a priority. Until adequate government accommo-
dation is available, it should be the obligation of the State at the instance
of the High Court to provide requisitioned accommodation for every judi-
cial officer according to his entitlement and recovery of not more than G
... .twelve and a half per cent of salary of the officer towards rent should be
made and the balance should be met by the State Exchequer. We would
emphasise the need of provision of a separate and exclusive office room
as an indispensable component of every such official. residence and the
accommodation should take into account this feature. As a long term
measure, Government accommodation should be constructed to meef the H
224 SUPREME COURT REPORTS (1991] SUPP.2 S.C.R.

A need of the judicial officers at their respective stations. This should be a
-m.atter for the Planning Commission to review and the State Governments
to cooperate and undertake construction activity. The Governments of the
States and the Union Territories would take some time to implement this
part of the direction. In case for some reason, the Planning Commission
does not come forward to take up the matter before January, 1992, the
B Chief Justice of every High Court should set up a committee with him as
Chairman where two senior Judges of the Court and the Secretaries of
Finance, Law and Works should be members and annual planning of
construction of residences should be made. We accordingly fix the outer
limit of December 31, 1992 when this part of the direction would become
fully operative. '
c VII

We shall now deal with the claim for transport. In most of the States
the district judge has been provided a motor car and in some of the States
the chief judicial magistrate is also provided with such transport, be it a
D car or a jeep. There are still some States like Rajasthan, Haryana and
Madhya Pradesh where provision of a car for every district judge has not
yet been made. We direct that every district judge should be provided
with a car by March 31, 1992, and it shall be the obligation of the other
States where such facility has not open provided to ensure the same within
the time limit.
E
The chief judicial magistrate is a touring officer apart from doing

•-
trial work a5 a magistrate. Mandate of the Code of Criminal Procedure
requires him to undertake some touring. The quality of criminal justice
administration would very much depend upon the mobility of the chief
judicial magistrate. We, therefore, direct that in such States and Union ·
F Territories where provision of independent transport for the chief judicial
magistrate has not been made, the same should be done by September 30,
1992. We are further of the view that in stations with more than four
judicial officers a common transport should be provided for the purpose of
taking them from the residence to the court and back and meeting their
other official purposes and such vehicle should be placed under the con-
G trol of the seniormost officer in the pool. The arrangement should be that
for every five officers, there should be a vehicle. Provision for this aspect
should be made by March 31, 1993. This direction has become necessary
as judicial officers should not be forced to travel along with litigants and •
lawyers. ln many sensitive cases, records are carried by them. Often judg·
ments to be pronounced are also taken by them. In some disturbed areas,
H instances of harassment to judicial officers taking advantage of ttieir using
WDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 225

common transport have come to light. We direct that every State and A
Union Territory would file a compliance report in the Registry of this
Court in respect of these three aspects within one month from· the expiry
of the outer limit indicated for each of them.

There are several outlying courts where the number of officers would
not be more than five. We do not intend to provide any independent B
transport for them but such officers who ask for loan for purchase of a two
wheeler automobile should immediately be provided the same. Appropri-
ate funds should be made available .for such purpose. A pool car should
have 60 litres of petrol per month and a judicial officer owing a scooter
would be entitled to an allowance of Rs. 200 per month.
c
We are alive t,o the fact that our directions involve a burden on the
State· Exchequer. Perhaps some justification as to why these expenses
should not be grudged }llUSt now be indicated. Professor Pannick in his
book entitled "Judges" has observed:

"Judges do not have an easy job. They repeatedly do what the D
rest of us seek to avoid; make decisions".
He further added:

"Judges are mere mortals but they are asked to perform a
function that is utterly divine". E
Professor Harold Laski once wrote to Justice Oliver Holmes that 'he
wished that people could be persuaded to realise that judges are human
beings; it would be a real help to jurisprudence'.

The Trial Judge is the kingpin in the hierachical system of adminis-
tration of Justice. He directly comes in contact with the litigant during the F
proceedings in Court. On him lies the responsibility of building up of the
case appropriately and on his u11derstanding of the matter the cause of
justice is first answered. The personality, knowledge, judicial restraint,
capacity to maintain dignity are the additional aspects which go into
making the court's functioning successful.
G
Krishna Iyer, J. described the scene very graphically thus:

"Law is a means to an end and justice is that end. ' But in
actuality, Law and Justice .are distant neighbours; sometimes
even strange hostiles. If law shoots down justice, the people
shoot down law and lawlessness p~alyses development, dis- H
226 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A rupJ~ order and retards progress. This is the current scene".

It calls for serious introspection.

The Law Commission in its 14th Report.said:

"If the public is to give profound respect to the judges the
B judges should by their conduct try and observe it; not by word
or deed should they give cause for the people that they do not
;
· deserve the pedestal on which we expect the public to place I
them. It appears to us that not only for the performance of his
duties but outside the court as well a Judge has to maintain an
aloofness amounting almost to self imposed isolation".
c
'.fhe Commission quoted Sir Winston Churchill who had said:

"A form of life and conduct far more severe and restricted than
that of ordinary people . is required from judges and though
unwritten has been most strictly observed. They are at once
D privileged and restricted; they have to present a continuous
aspect of dignity and conduct".
These prescriptions for a Judicial Officer, therefore, result in a re-
stricted life. Austerity is a quality to be practised by every Judge-personally
as also in his public functioning. This necessarily gives rise to a situation
E where the Judge must have patience, perseverance and painstaking habits.
In order that a Judge may be able to put in these aspects into his public
functioning it is absolutely necessary that the Judge enjoys freedom from
personal worries. A reasonable salary, appropriate allowances and man-
ageable Jiving conditions are, therefore, required to be provided.
For quite a few years the conditions of service of Judges of the
F superior Courts and those of the public officers in the Executive side had
been put at par excepting such provisions as were contained in the Gov.:.
ernment of India Act, I 935 or under the Constitution. For the first time it
was accepted that separate Conditions of Service should be provided and
Conditions of Service Acts for the High Court and Supreme Court Judges
were separately enacted in 1954. Those statutes and the Schedules therein
G even now contain provisions to the effect that matters for which provi-
sions have not been made by the statutes are to continue to be the same as
provided for the officers in the Executive wing as named. In a democratic
polity the role of the judiciary is indispensable. The efficient functioning
of the Rule of Law under the aegis of which our democratic society can
thrive requires an efficient, strong and enlightened judiciary. And to have
H it that way the Nation has to pay to the price. There was atime when a

~
'
nJDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.) 227

Judge en1oyed a high status in Society. Very often a successful Member of A
the Bar earning a high income favourably responded to. the invitation of
the Chief Justice to accept Judgeship. That no more is the position. The
sense of professional obligation has died down for reasons more than one;
but perhaps the most eloquent one is loss of social status of the judge. The
effect of this position in respect of the higher judiciary has its impact on
the subordinate judiciary too. Half a century back a Judicial officer even B
of the lowest category enjoyed great social status. He was looked upon
with a sense of reverence. He led a life in tune with the recommendations
of the Law Commission in its 14th Report. He had the training of limitinK
his wants and managed to live a contented life by making his two ends
meet with limited resources of small salary. That philosophy of life has
vanished or is fast vanishing. A great social change has over taken today's C
society. Life has become competitive; demands of life have increased; and
aptitudes have changed. Therefore, today a judicial officer always looks at
life in a comparative way with administrative officers of his age. Profes-
sional income at the Bar has tremendoulsy swelled up. Very often coun-
sel's fee per day equals to the salary of a judicial officer for a full month
or even a longer period. This great disparity affects peace and equilibrium D
in the judicial operation.
As early as 1958 the Law Commission said: •
"As we shall point out, later the problein has since grown in
dimension because there is unmistakable testimon_y that the
standards of the judicial officers recruited from the Bar and E
other sources have during recent years fallen in a substantial
degree for various reasons. This has been almost the unique
view expressed by the witnesses ,before us. It is thus obvious
that no scheme of review\ of judicial administration will be
effective or worthwhile unless the basic problem of providing
a trained and capable judicial personnel is satisfactorily solved". F
This was adequate and timely notice to the Government and its
people. Instead of attending to the problem then, 33 long years have been
allowed to roll by and what was then said as a growing dimension has
grown to devalue the· system. Its resurrection has, therefore, become more
costly. · G
It is perhaps useful to recall· here the prophetic warning sounded by
Robert Ingersoll: ·
"A government founded on anything except liberty and justice
cam1ot stand. All the wrecks on either side of the stream· of
time, all the wrecks of the great cities, and an the nations that H
228 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A have passed away-all are a warning that no nation founded
upon .injustice can stand. From the sand enshrouded Egypt,
from the marble wilderness of Athens, and from every fallen
or crumbling stone of the once mighty Rome, comes a wail as
it were, the cry that no nation founded on injust,ice can perma-
nently stand". I
B Society, therefore, must understand the problem. Solution to the
problem would depend upon realisation of the fact that the more capable
people at the Bar are not willing to accept offers of jud~cial appointments.
The plea that the other wings in the States would demand inprovement in
their scales of pay is not a relevant feature at all when the problem is
viewed from this angle. We hope and trust that society would generate the
c appropriate understanding of the matter and no Government would come
forward to take the stand that if the pay scales and perks of the Judicial
officers are improved similar demands would come from other wings of
Government.

Even in the existing system there are some posts which carry special
D
pay that is on account of the fact that there is more of basic equipment
demanded and the nature of work is different and judicial service satisfies
both and, therefore, Government can always prescribe a higher pay scale
for Judicial Officers.

E In 1986 there was a Conference of the Chief Justices of the High
Courts, Chief Ministers and the Law Ministers of the States called by the
then learned Chief Justice of Indfa and the Ministry of Law and Justice.
The then Chief Justice of India and the Law Minister of the Central
Government tried their !>est fo make the State Governments and the Union
Territories understand the basic problem. While some improvements came
F as a result of the Conference for the higher judiciary, the claim of the
subordinate judiciary remained unattended.

We would like to point out that dispensation of justice is an inevita-
ble feature in any civilised society. Maintenance of law and order require
the presence of an efficient system of administration- of criminal justice.
G Under the Civil Code, Court fee is realised under the Court Fee Act. For
some time demand to abolish it has been made but the States have aban-
doned .the idea on account of the demand by the States of compensation
from the Centre in case of abolition of Court fee. Court fee is not a tax
...
and is a fee as has been· held by a Constitution Bench of this Court in (.'
Secretary, Government of Madras, Home Department and another v. Ze-
H nith Lamps and Electrical Ltd., AIR 1973 SC 724. In Paragraph 29 of this

I
I

J
JUDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.] 229

Judgment Sikri, CJ speaking for this Court pointed out: A

"It seems to us that the separate mention of 'fees taken in
Court' in the Entries referred to above has no other signifi-
cance than that they logically come under Entries dealing with
administration of Justice and. courts. The draftsman has fol-
lowed the scheme designed in the Court Fees Act, 1870 or B
dealing with fees taken in cou.'1 at one place. If it was the
intention to distinguish them from fees in List II Entry 66,
surely some indication would have been given by the language
employed. If these words had not been separately mentioned in
List I, Entry 77 and List IL.. ........
It seems plain that 'fees taken in court' are not taxes, for if it
c
·were so, the word 'taxes' would have been used or some other
indication given. It seems to us that this conclusion is strength-
ened by two considerations. First, taxes that can be levied by
the Union are mentioned in List I from Entry 82; mentioned in
List II taxes that can be imposed s~ from Entry 45. Sec-
D
ondly, the very use of the words 'not including fees taken in
any court' in Entry 95 List I, and Entry 66 List II, shows that
they would otherwise have fallen within these Entries. It fol-
lows that 'fees taken in court' cannot be equated to "Taxes". If
this is so, is there any essential difference between fees taken
in court and other fees ? We are unable to appreciate why the E
word 'fees, bears a different meaning in Entry 77, List I and
Entry 96 List I or Entry 3 List II and Entry 66 List II. All these
relevant cases on the nature of 'fees' were reviewed in India
Mica and Micanite Industries Ltd. v. The State of Bihar, AIR
1971 SC 1182 at page 1186, by Hegde J. and he observed:
"From the above discussion, it is clear that before any levy can F
be upheld as a fee, it must be. shown that the levy has reason-
able· co-relationship with the services rendered by the Govern-
ment. ftfother words, the levy must be proved to be a quid pro
quo for the services rendered. But in these matters it will be
impossible to have an exact co-relation.~hip. The correlationship
expected is one of a general character and not as of arithmeti- G
cal exactitude".
It is not our intention to raise a dispute on this aspect. We adverted
to these authorities and the views of this Court to bring support for the
view that what is collected as Court fee at ieast be spent on the adminis-
tration of Justice instead of being utilised as a source of general revenue H
230 SUPREME COURT REPORTS (1991) SUPP.2 S.C.R.

A of the States. Undobutedly the income from court fees is more than the
expenditure on the administration of Justice. This is conspicuously notice-
able from the figures available in the publication in the Ministry of Law
and Justice. ·

What we have said above should be adequate justification for mak-
B ing provision with a view to making judicial functioning viable.

We would like to recall a part of the funeral oration on Mr. Justice
Story delivered some ISO years back by Daniel Webster:-

"Justice, Sir, is the greatest interest of man on earth. It is the
c ligament which holds civilised beings and civilised nations
together. Wherever her temple stands, and so long as it is duly
honoured, there is a foundation for social security, general
happiness and the improvement and progress of our race. And
whoever labours on this edifice with usefulness and distinc-
tion, whoever clears its foundations, strengthens its pillars,
D adorns its entaplateures, or contributes to raise its august dome
still higher in the skies, connects himself in name and frame
and character with that which is and must be as durable as the
frame of human society".
To those who control the purse what Webster said should provide
E the direction.

VIII

One of the claims advanced before us was for provision of inservice
training for judicial officers. This we consider as a must. In fact, the Law
F Comrnision in one of its recent reports has advised that inservice institutes
a
should be immediately set up. About year back the Union Government
had propost:d the setting up of an All India Inservice Institute but nothing
more has been done about it. In ~ome of the States like Uttar Pardesh and
Andhra Pradesh, such inservice institutes are functioning. We are of the
l
view that in service institutes are indispensable for the upkeep of the
G efficiency of judicial service. \Y~. direct that an All India Institute of
Inservice T~ining for higher.'Q.fficers of the judiciary including the di,strict
a
jllodges and State level institUte for training of the other member~ <.>f the
subordinate judiciary within each of the States and Union Terri~ries or
one common institute for more than one State or Union Territory should
be set up within one year from now and at any rate nor later than Decem-
H ~t: 3 I, 1992. This has to be orgainised by respective High Courts.
nJDGES' ASSOCIATION v. U.0.1. [MISRA, CJ.) 231

Before we part, we must indicate with all the emphasis at our com- A
mand that the syste!Jl bas to be saved as for a civilised society an enlight-
ened independent judiciary is totally indispensable. The High Court 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 the subordinate judiciary under Article 235 in the
High Court as a whole and not its Chief Justice alone. Every Judge should, B
therefore, take adequate interest in the institution which is placed under
the control of the High Court. We may point out thaLthat in what Lord
Aktins said in Devi Prasad Sharma and others v. The King Emperor, 70
IA 216. And it has been approved by a Constitution Bench in Baradakant11
Misra v. The Registrar of Orissa High Court and Another, [1974] 2 SCR
282. It should be remembered by all Judges of the High Court viz., that C
the administrative control of the subordinate courts of the states vest nor
in the Chief Justice alone but in the Court over which the Chief Justice
presides.

Surger, CJ of the American Supreme Court once said:
D
"A sense of confidence in the Courts is essential to maintain
th~ fabric of ordered liberty for a free people and it is for the
subordinate Judiciary by its action and the High Court by its
appropriate control to ensure it".

It is useful to remember what President Lincoln often said: E

"If you once forfeit the confidence of your fellow citizens you
can never regain their respect and esteem".

It is time we mention about society's expectation from the Judicial
Officers. A judge ought to be wise enough to know that he is fallible and, F
therefore, even ready to learn and be courageous enough to acknowledge
his errors.

The conduct of every judicial officer should be above reproach. He
should be conscientious, studious, thorough, courteous, patient, punctual,
just, impartial, fearless of public clamor, regardless of public praise, and G
indifferent to private, political or partisan influences; he should administer
justice according to law, and deal with his appointment as a public trust;
he should not allow other affairs or h.is private interests to interfere with
the.prompt and pro~r performance of his judicial duties, nor should he
administer the office for the purpose of advancing his personal ambitions
or increasing his popularity. H
232 SUPREME COURT REPORTS (1991) SUPP. 2 S.C.R.

A We would like to part with the matter by recalling a statement of
Edmund Burke:

"All persons possessing a portion of power ought to be strongly
and awfully impressed with an idea that they act in trust, and
that they are to account for their conduct in that trust to the
B one great Master, Author and Founder of Society".
We would now briefly indicate the directions we have given in the
judgment:

(i) An All India Judicial Service should be set up and the Union of
India should take appropriate steps in this regard.
c (ii) Steps should be taken to bring about uniformity in designation of
officers both in civil and the criminal side by 31.3.1993.
(iii) Retirement age of judicial officers be raised to 60 years and
appropriate steps ru-e to be taken by 31.12.1992.
(iv) As and when the Pay Commissions/Committees are set up in the
D States and Union Territories; the question of appropriate pay
scales of judicial officers be specifically referred and considered.
(v) A working library at the residence of every judicial officer has to
be provided by 30.6.1992. Provision for sumptuary allowance as
stated has to be made.
E (vi) Residential accommodation to every judicial officer has to be
provided and until State accommodation is available, Govern-
ment should provide requisitioned accommodation for them in
the manner indicated by 3 l.12.1992. In providing residential ac-
commodation, availability of an office room should be kept in
view.
F (vii) Every District Judge and Chie(Judicial Magistrate should have
a State Vehicle, Judicial officers in sets of 5 should have a pool
vehicle and others would be entitled to suitable loans to acquire
two wheeler automobiles within different time limits as speci-
fied.
(viii)lnservice Institute should be set up within one year at the Central
G and State or Union Territory level.

V.P.R. ·Petition disposed of.

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