ALL INDIA JUDGES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) A copy of the Resolution dated 16th December, 1997 of the Government of India, Ministry of Law and Justice has been placed before us to show that the requisite enlargement of the terms of reference of the First National Judicial Pay Commission (Shetty Commission) has been made to enable the Commission to make recommendations even in the nature of interim reliefs. We appreciate the promptness with which the Central Government has responded to this need, at the behest of the learned Additional Solicitor General. No further mention of this requirement is, therefore, necessary.

(2.) With regard to the requirement of compliance by every State/U.T. of the ultimate paragraph of our order dated 13th November, 1997, the response of the States/Union Territories, in substance, is of disinclination, to say the least, to avail of this mode for the consideration of this matter pertaining to the staff of the subordinate Courts. In view of the past experience and the growing discontent among the staff of the subordinate Courts throughout the country, we had considered it expedient to enquire from the States whether they would agree to enlargement of the terms of reference of Shetty Commission by the Central Government to enable the Commission to examine this aspect also simulataneously. Such a course would avoid escalation of the existing discontent of the staff of subordinate Courts into a major problem for the States. Ample opportunity has been given to the States to give their response taking these factors into account which were also explained at the previous hearings at which the presence of the Advocates General was required to ensure proper appreciation by the States of the need to take this step in their own interest. However, the States do not appear to share this perception of the problem. The question now is of the manner in which this grievance brought before us by the staff of the subordinate Courts is required to be dealt with.

(3.) We have no doubt that the service conditions of the staff of the subordinate Courts is a significant factor having relevance in the functioning of the subordinate Courts. This question is, therefore, directly connected with the administration of justice and thereby with the rule of law. It being so, the matter is within the ambit of this petition and it requires examination in exercise of the power of this Court under Article 32 of the Constitution of India. If necessary, with the aid of Article 142 of the Constitution of India, this Court can issue necessary directions to the State Governments/UTs for due compliance.