In a landmark judgment delivered on Monday, the Supreme Court of India ruled that visually impaired candidates are eligible for appointment to judicial services across the country. The bench, comprising Justice JB Pardiwala and Justice R Mahadevan, pronounced the decision on a batch of petitions, including a suo motu case addressing the denial of reservations to visually impaired candidates in the judicial services of certain states.
Key Highlights of the Judgment:
- Constitutional Framework and Disability Jurisprudence:
Justice Mahadevan emphasized the importance of the case, stating, “We have treated it as the most important case. We have touched upon the constitutional framework and institutional disability jurisprudence.” The Court underscored the need for an inclusive framework that ensures equal opportunities for persons with disabilities. - Prohibition of Discrimination:
The Court firmly stated that no candidate can be denied the opportunity to join judicial services solely on account of disability. It highlighted the State’s obligation to take affirmative action to eliminate discrimination and promote inclusivity. - Striking Down Discriminatory Rules:
The Supreme Court struck down Rule 6A of the Madhya Pradesh Judicial Services (Recruitment and Service Conditions) Rules, which barred visually impaired candidates and those with low vision from joining the judiciary. Additionally, the Court invalidated the rule requiring three years of practice for visually impaired candidates, deeming it discriminatory. - Relief for Candidates in Madhya Pradesh and Rajasthan:
The Court directed that visually impaired candidates in Madhya Pradesh be allowed to participate in the selection process for judicial services. Similar relief was granted to similarly placed candidates in Rajasthan, ensuring equal opportunities across states.
Background of the Case:
The case originated from a letter written by the mother of a visually impaired candidate, challenging a rule in the Madhya Pradesh Judicial Services Rules that prevented visually impaired individuals from seeking appointment to the state’s judicial services. The Supreme Court converted the letter into a suo motu petition, taking up the issue to address systemic discrimination against persons with disabilities in judicial appointments.
Significance of the Judgment:
- Inclusivity in Judiciary: The judgment reinforces the principle of inclusivity in the judiciary, ensuring that persons with disabilities are not excluded from serving as judges.
- Affirmative Action: The Court emphasized the State’s responsibility to provide affirmative action to create an inclusive environment for persons with disabilities.
- Precedent for Disability Rights: The ruling sets a significant precedent for disability rights in India, aligning with the Rights of Persons with Disabilities Act, 2016, which mandates equal opportunities for persons with disabilities in all spheres of life.
Conclusion:
The Supreme Court’s decision marks a progressive step toward creating a more inclusive and equitable judicial system in India. By striking down discriminatory rules and affirming the eligibility of visually impaired candidates for judicial services, the Court has reaffirmed the constitutional values of equality, non-discrimination, and social justice. This judgment is expected to pave the way for greater representation of persons with disabilities in the judiciary and other public services.
