(1.) The petitioner is an Advocate practising in this Court. He states that he is interested in the independence of the Judiciary and hence is espousing the cause stated in the petition. He contends that the conditions of service of High Court Judges provide for the privilege of residential accommodation and therefore there is an obligation on the part of the Government to assign or locate certain number of houses for Judges and they should not be driven to approach the Executive to secure accommodation thus preventing any erosion to their sense of independence and seeks for the following reliefs :-
(2.) Making a provision or assigning a fixed number of houses of Judges involves examination of the question as to availability of premises, the priority and needs for accommodation of others who are equal in status, the efforts made by the High Court Administration, the co-operation extended by the Government in that behalf and such other relevant aspects. The primary point to be decided in such a matter is, whether such questions should be adjudicated on the Judicial side or dealt with at the administrative level?.
(3.) In pursuance of any order made in the petition even if houses are identified from Government buildings or those taken on lease from private sources for such number of Judges as there are, there could be innumerable difficulties - some Judges may not avail of the facility but continue to reside in their own houses taking advantage of the compensation payable in lieu of housing accommodation; some others may like to reside in houses owned by close relatives, such as spouse or child or members of joint family, which may be rented by the Government for the benefit of those concerned Judges; Yet others may not find the house allocated, to their taste or convenience. In such circumstances, the question. whether mere allocation of houses to as many Judges as there are would solve the problem?. The question also arises as to whether private accommodation should be obtained on lease or whether any permanent arrangement should be made by construction of required number of houses. In which eventuality, will it be proper to settle the matter of this nature by Judicial pronouncement under Article 226 of the Constitution?. And, my answer to this question is a firm 'No'.