New Delhi: On Monday, the Supreme Court overturned a Madhya Pradesh Judicial Services regulation, ruling that individuals with visual impairments are qualified to serve as judges. According to a bench consisting of Justices JB Pardiwala and R Mahadevan, no applicant should be excluded from the judicial services recruiting process due to a disability.
A Supreme Court bench of Justices J.B. Pardiwala and R. Mahadevan ruled on multiple petitions, including a suo motu case about the lack of reservations for certain candidates in judicial services. Here’s what this important verdict means.
No Discrimination, Equal Opportunities – SC
"The state must take affirmative action to guarantee that people with disabilities are included in the judicial system and that they are not subjected to any form of discrimination." The Supreme Court bench ruled that no candidate may be excluded from such an opportunity due to a disability.
The top court was considering a case challenging the Madhya Pradesh Judicial Services Rules (6A), which prohibited visually handicapped individuals from taking part in the hiring process for judicial positions. A woman whose visually impaired son wanted to be a judge but was unable to attend the screening process contested the rule. She sent a letter to DY Chandrachud, the former Chief Justice of India, which sparked a public interest lawsuit brought by the court.
Visually Impaired Judges Have Been Appointed Before
The Supreme Court had earlier confirmed that visually impaired individuals can serve as judges, even in the Supreme Court. Following this, Tamil Nadu and Rajasthan have appointed visually impaired judges. In 2009, T. Chakkaravarthy became Tamil Nadu’s first visually impaired judicial officer.
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Major Step Towards Equality
The Supreme Court declared that in order to uphold fundamental equality, any indirect discrimination that leads to the exclusion of individuals with disabilities—whether through cutoffs or procedural barriers—must be prohibited, invalidating the Madhya Pradesh Judicial Services Rules.
This Supreme Court decision promotes inclusion in judicial services, ensuring equal opportunities for visually impaired candidates. It also reinforces their rights under the Rights of Persons with Disabilities Act, 2016.
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