2024 Supreme Court Decisions Relating To Judges & Judicial Service

In 2024, the Supreme Court passed notable orders and made key observations on multiple issues related to the working of the District Judiciary and Judicial Officers. Here is a relook of the important developments :High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme CourtThe Supreme Court allowed a writ petition filed by two senior district judges from Himachal Pradesh who contended that the Himachal Pradesh High Court collegium ignored their merit and seniority while recommending names for elevation to the High Court.The Court directed the collegium of Himachal Pradesh High Court to reconsider the names of District Judges Chirag Bhanu Singh and Arvind Malhotra for elevation as judges of the High Court.The Supreme Court held that the Chief Justice of a High Court cannot individually reconsider a recommendation.The Court reiterated that the decision has to be taken collectively by the Collegium (comprising CJ and two senior judges) after deliberations."The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members.The underlying principle is that the process of appointment of judges must reflect the collective wisdom that draws from diverse perspectives. Such a process ensures that principles of transparency and accountability are maintained," observed the bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra.Case Title – Chirag Bhanu Singh v. State of Himachal Pradesh'Retired District Judges Getting Pension Of Only Rs 19-20K, How Do They Survive? : Supreme Court Seeks AG's Assistance The Supreme Court while hearing the matter of the pension scheme for judicial officers, flagged concerns on the plight of the retired district judicial officers who were getting inadequate financial support through the present pension policies. The Court urged the Union to find a 'Just Solution' for the officers who have substantially contributed to the cause of JusticeThe CJI DY Chandrachud brought attention to the dire financial conditions faced by retired district judges, emphasizing that they were receiving pensions as low as Rs 19,000-20,000 after years of dedicated service. He pointed out the challenges of transitioning to other avenues at an age when they are physically unable to engage in active legal practice Case Details : All India Judges Association Vs. Union Of India W.P.(C) No. 001022 / 1989 'Some Retire From District Judiciary With A Monthly Pension Of Only Rs.15K' : Supreme Court Expresses Concerns To UnionThe Supreme Court flagged concerns over the issue of meagre retirement pensions given to the District Judges.The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the All India Judges Association Case relating to the implementation of the Second National Judicial Pay Commission.Attorney General for India R Venkataramani requested for time to address the issue regarding TDS deduction on the allowances paid to judicial officers. While agreeing to defer the hearing, the Chief Justice shared some thoughts regarding the meagre pension of judicial officers.Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 CandidatesThe Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to be appointed in a 'District Judge Cadre' Service who were denied appointment due to a "midway change of the Rule" by the High Court.Case Details: Sushil Kumar Pandey & Ors. Versus The High Court Of Jharkhand & Anr. Writ Petition (Civil) No. 753/2023 Interview Also Be Done To Assess Suitability Of Judicial Officers For Promotion As District Judges In 65% Quota : Supreme Court Suggests The Supreme Court in its recent judgement concerning the promotion of Judicial Officers by the Gujarat High Court, observed a few suggestions to enhance the 'suitability test' employed by the High Court for promoting judicial officers on the basis of 'Merit-cum-Seniority'. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior Civil Judges to the 65% promotion quota of District Judges on the basis of merit-cum-seniority principle.The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra in its ruling explained the concept of 'merit-cum-seniority' & 'suitability test' as applicable under Rule 5 of the Gujarat State Judicial Service Rules, 2005. Rule 5 requires that the 65%...

2024 Supreme Court Decisions Relating To Judges & Judicial Service

Anmol Kaur Bawa

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