Tag: Judicial Independence

Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary
Supreme Court

Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary

The Supreme Court expunged the strictures passed by the Rajasthan High Court against a judicial officer, emphasizing that higher courts should refrain from making adverse remarks against subordinate judicial officers without providing them an opportunity to be heard. The Court reiterated the principle laid down in Re: ‘K’, A Judicial Officer and Sonu Agnihotri v. Chandra Shekhar & Ors., highlighting that criticism of judicial orders should focus on errors rather than personal conduct. The judgment also recommended incorporating provisions in High Court Rules to mandate disclosure of criminal antecedents in bail applications, ensuring transparency and informed judicial decisions. The appeal was allowed, and the impugned observations were expunged. Facts Of The Case: The case involves ...
Supreme Court : Mandates Full Pension for ALL Retired High Court Judges
Supreme Court

Supreme Court : Mandates Full Pension for ALL Retired High Court Judges

The Supreme Court mandated uniform pension for all retired High Court Judges under the principle of "One Rank One Pension" (OROP), irrespective of their tenure, source of appointment (Bar/District Judiciary), or status (Permanent/Additional Judge). It held that discrimination in pension violates Articles 14 and 16(1) of the Constitution. The Court directed payment of full pension (₹13.5 lakh/₹15 lakh p.a.) under the High Court Judges Act, 1954, rejecting minimum service requirements. Service breaks and New Pension Scheme (NPS) participation were deemed irrelevant, with NPS contributions refunded to affected judges. Family pension/gratuity was extended to families of Additional Judges, and 10 years were added to service for gratuity calculations under Section 17A. Facts Of The Case: This ...