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The Supreme Court of India witnessed an unusual spectacle on August 27th, 2023, as chief secretaries and finance secretaries from 18 states and union territories personally appeared before the court. This rare event was prompted by a hearing regarding the implementation of the Second National Judicial Pay Commission’s (SNJPC) recommendations, concerning the payment of salaries, pension arrears, and retirement benefits to judicial officers. The court’s action was a direct result of the consistent absence of state counsels during previous hearings, highlighting the importance of ensuring compliance with the judiciary’s decisions.
The court’s insistence on the personal appearance of the top bureaucrats stemmed from their perceived lack of substantial compliance with previous orders. The bench, led by Chief Justice D Y Chandrachud, had warned of non-bailable warrants if states failed to demonstrate their compliance. Ultimately, the court deemed the 18 states and UTs to have fulfilled their obligations, closing the proceedings. However, certain states were given a four-week deadline to finalize the settlement of arrears for judicial officers.
The court’s directive extends beyond ensuring financial compliance. It emphasizes the need to address individual grievances of judicial officers by establishing a committee of high court judges specifically for this purpose. This committee will be responsible for ensuring the implementation of a standard operating procedure for handling such grievances by September 30, 2024. The court further encouraged monthly meetings of this committee to facilitate the resolution of pending issues, such as non-payment of allowances. The SNJPC recommendations extend beyond financial matters, aiming to establish a uniform standard for the service conditions of judicial officers across the country. The court’s involvement highlights the importance of ensuring equitable treatment and timely resolution of concerns for individuals serving the judiciary.
The court’s decision to hold states accountable for the implementation of SNJPC recommendations underscores the judiciary’s role in safeguarding the interests of judicial officers and promoting fairness within the legal system. The establishment of a committee to address individual grievances demonstrates a proactive approach to addressing concerns and ensuring that the judiciary functions effectively. The court’s action sends a strong message that non-compliance with its rulings will not be tolerated, reinforcing the principle of the rule of law and the judiciary’s authority in upholding it.
Source: Chief, finance secretaries of 18 states appear in SC, say they complied with SNJPC proposals