Stop calling District Judiciary as ‘Subordinate Judiciary’ : Apex Court

While delivering judgement in All India Judges Association vs Union of India and others, the Supreme Court acknowledged the significance of the district judiciary and directed that it shall no longer be referred to as ‘subordinate judiciary’.

A bench headed by CJI DY Chandrachud and also comprising of Justice V Ramasubramanian, and PS Narasimha delivered verdict regarding the increased salary structure for judicial officers, as outlined by the Second National Judicial Pay Commission (SNJPC).

The Court observed that the practice of calling district judiciary as ‘subordinate’ is not only a misnomer but disrespectful as well.

“No longer should this Court refer to the District Judiciary as ‘subordinate judiciary. Not only is this a misnomer because the District Judge is not per se subordinate to any other person in the exercise of her jurisdiction but also is disrespectful to the constitutional position of a District Judge. Our Constitution recognizes and protects a District Judge as a vital cog in the judicial system. Respect ought to be accorded to this institution and its contribution to the country”, the Court ordered.

The Court further called the District Judiciary as the ‘backbone of the judiciary’ and added that to secure their impartiality, it is important to ensure their financial security and economic independence.

The Court went on to clarify that the essential function of both the District Court as well as the High Court is the same, i.e., to administer justice impartially and independently. In this regard, it highlighted a portion of its review order reaffirming directions for implementation of the enhanced pay scale for judicial officers as per the recommendation of the SNJPC by observing that all Judges across the hierarchy of courts discharge the same essential function of adjudicating disputes impartially and independently.

Stressing that the Courts together constituted the unified judicial system performing for the core and essential function of administering justice, the Court observed that it is important, in order to be truly unified, both in form and in substance, that there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts, and the Supreme Court.