Source: The post is based on the article “Independence of judiciary is part of basic structure of Constitution: SC” published in The Hindu on 25th May 2023
What is the News?
The Supreme Court has held that the independence of the district judiciary is part of the basic structure of the Constitution. The court also said that judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.
About the case
A petition was filed by the All India Judges Association. The petition demands a series of directions to amend the service rules of the district judiciary.
The court appointed the Second National Judicial Pay Commission headed by Justice P.V. Reddi (retired) as its chairman.
Based on their recommendation the court amended the service rules and provide for the payment of arrears of pension, additional pension, gratuity and other retiral benefits.
What are some crucial observations made by the court on the district judiciary?
The judgment records the crucial role played by the district judiciary in the justice administration system.
The court said that the district judiciary was the backbone of the judicial system and said that “on a single day, the district judiciary handled nearly 11.3 lakh cases”.
The judgment highlighted the doctrine that the “judiciary must possess the inherent power to compel payment of those sums of money which are reasonable and necessary to carry out its mandated responsibilities”. To secure their impartiality, it is important to ensure their financial security and economic independence.
The court said, “This doctrine is only the logical conclusion of separation of powers and ensures that the independence of the judiciary is secured.”
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