All India Judges Association vs Union of India (2001)

Law Points Raised

Conditions of service for subordinate judiciary across India.
Directive for setting up All India Judicial Service under Article 233(2).
Need for independent Judicial Pay Commission distinct from administrative setup.
Financial burden argument vs mandatory constitutional obligations under Article 265.

[Judgment Source]

· • Supreme Court upheld directions given in its 1991 judgment as binding.

· • Separation of judiciary from executive requires exclusive pay commission for judges.

· • Uniformity in service conditions and hierarchy across States is essential.

· • Directions by the Court are not legislative but enforce fundamental duties of the State.

· • Most directions from the 1991 judgment were maintained.

· • Minimum 3 years' legal practice mandated for entry-level judicial posts.

· • Retirement age fixed at 60 years with performance review at 58.

· • Residential, library, transport, and uniform pay scale directives reiterated.

· • Pay commission (Shetty Commission) report to be implemented with effect from 01-01-1996.

· • Para 2 – Original directions from 1991 judgment.

· • Para 11 – Constitution of an independent commission.

· • Para 14–16 – Financial burden rebuttal.

· • Para 36 – Emphasis on judicial parity with political not administrative executive.

· • Paras 52(a)-(h) – Modifications and reaffirmations to directions.