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Senior Advocate Kapil Sibal, President of the Supreme Court Bar Association, has raised critical concerns regarding the dire situation of District Judicial Officers in India. He delivered a poignant speech at the inaugural ceremony of the 'National Conference on the District Judiciary' held at the Supreme Court, highlighting the dire impact of meager salaries, inadequate pensions, limited promotional avenues, and poor infrastructure on the justice delivery mechanism at the district level.
Sibal emphasized that the current conditions of work, both in terms of salary and infrastructure, are detrimental to the quality and quantity of justice delivery. He specifically criticized the New Pension Scheme (NPS) implemented for District Court judges since 2005, stating that it significantly reduces their monthly annuity compared to the older pension scheme, even for judges with the same length of service and rank. He pointed out that under the NPS, some judges receive a monthly annuity as low as Rs. 13,965, compared to Rs. 1,63,000 under the older pension scheme. This disparity, Sibal argued, is a direct consequence of the NPS implementation without proper consultation with the High Courts, despite the Supreme Court's endorsement of the Shetty Commission and Padmanabhan Committee recommendations.
Sibal also addressed the limited promotional prospects for judges in the civil judiciary, where some individuals join as Civil Judges and retire at the same rank. He lamented the Supreme Court's rejection of the Shetty Commission's proposed weighted system to address this issue, arguing that the introduced roster system has failed to rectify the situation. He expressed concern that the lack of incentive and promotional avenues discourages talented graduates from esteemed National Law Universities from pursuing careers in the judiciary, further contributing to the challenges faced by the justice delivery system.
Sibal further painted a bleak picture of the working conditions faced by District Judicial Officers, highlighting the lack of adequate courtrooms, office facilities, supporting staff, library facilities, residential accommodation, and transportation. He expressed particular concern for the deplorable facilities available to women judges at the grassroots level, including insufficient residential and washroom facilities. He also emphasized the lack of proper training to access e-libraries and e-journals, contributing to delays in the administration of justice at the district level.
Sibal's speech served as a powerful call to action for those present, including the Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani, and BCI Chairperson Manan Kumar Mishra, urging them to address the persistent issues faced by judges at the trial and district & sessions courts, who are the backbone of the Indian justice system.
The lack of adequate resources and support for these judges poses a significant threat to the effective functioning of the Indian judicial system. Sibal's impassioned plea highlights the need for urgent action to address the systemic issues that plague the district judiciary, ensuring a fair and efficient justice delivery system for all citizens.