In a historic ruling, the Supreme Court on Monday upheld the right of visually impaired individuals to be appointed to judicial services, stating that disability cannot be a ground for exclusion. The apex court struck down a rule set by the Madhya Pradesh government that restricted such appointments, declaring it unconstitutional. The court emphasised that barring visually impaired candidates from judicial services is a violation of their fundamental rights. It stated that no one can be denied the opportunity to serve as a judge solely based on disability.
The verdict was delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan while hearing a batch of petitions, including a suo motu case concerning the denial of reservations to such candidates in judicial services across certain states. While pronouncing the verdict, Justice Mahadevan emphasised the significance of the case, stating, "We have treated it as the most important case. We have touched upon the constitutional framework and institutional disability jurisprudence."
What did the top court say?
The Court contended that persons with disabilities must not face discrimination in judicial services and urged the State to implement affirmative action to foster an inclusive system. It categorically stated, "No candidate can be denied such an opportunity solely on account of disability."
The top court struck down Madhya Pradesh Judicial Services (Recruitment and Service Conditions) Rules that barred visually impaired candidates from applying for judicial services. The verdict came after the apex court converted a letter written by a visually impaired candidate's mother into a suo motu petition last year.
Rule 6A of the MP Judicial Services Rules
The bench ruled that Rule 6A of the Madhya Pradesh Judicial Services Rules -- which disqualified visually impaired and low-vision candidates --was unconstitutional. Additionally, the requirement for such candidates to have three years of prior legal practice was also struck down, ensuring a level playing field in judicial recruitment.
The Supreme Court further extended the relief to visually impaired candidates from Rajasthan, allowing them to participate in the selection process for judicial services. The ruling reinforces the right to equal opportunities and affirms that no individual should be denied a judicial career solely based on disability.