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Visually challenged persons suitable for judicial service

Context:

  • Landmark Judgment: The Supreme Court ruled that visually challenged candidates cannot be deemed unsuitable for judicial service.
  • Bench & Judgment: Justices J.B. Pardiwala and R. Mahadevan delivered the 122-page judgment emphasizing inclusivity as a core constitutional principle.
  • Call for Constitutional Amendment:
    • The court urged Parliament to amend Article 15 to explicitly include ‘disability’ as a ground for non-discrimination.
    • Noted that this has been a long-standing demand of the disability rights movement.

Relevance : GS 2(Governance, Social Issues, Judiciary)

Impact on Judicial Service Recruitment:

  • Elimination of Indirect Discrimination:
    • Barriers like rigid cut-offs or procedural hurdles that exclude PwDs must be removed.
  • Educational Qualification Over Disabilities:
    • PwD candidates who meet the required qualifications must not be ignored in judicial appointments.
  • Relaxation in Suitability Criteria:
    • If sufficient PwD candidates are not available in their category, flexibility in assessment must be considered.
  • Separate Cut-off for Visually Impaired:
    • A distinct selection criterion must be maintained for visually impaired candidates.

Context & Significance:

  • The ruling was based on a suo motu case, initiated after a letter from the mother of a visually impaired aspirant in Madhya Pradesh.
  • Reinforces substantive equality by ensuring that judicial services become more inclusive for PwDs.
  • Sets a precedent for broader accessibility reforms in public service recruitments.

March 2025
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