Context: While ruling that visually-impaired candidates are eligible to participate in selection for the posts under the judicial service, the Supreme Court of India has recently emphasised the need to consider the right against disability-based discrimination as a fundamental right.
The landmark ruling will ensure that visually impaired candidates will now be eligible to participate in the selection process for judicial service posts.
Relevance of the Topic: Prelims: Right against disability-based discrimination; Rights of Persons with Disabilities (RPwD) Act, 2016.
Background of the case
- The case dealt with provisions in the Madhya Pradesh Judicial Service Examination (Recruitment and Conditions of Service) Rules, 1994, and the Rajasthan Judicial Service Rules, 2010.
- Petitioners sought amendments to these rules to bring them in compliance with the RPwD Act, ensuring equal opportunities for visually impaired candidates.
Key Highlights of the Judgment
- Fundamental Right against disability-based discrimination:
- The Supreme Court recognised the right against disability-based discrimination as a fundamental right and placed it at the same level as other constitutional rights.
- This recognition is in accordance with the Rights of Persons with Disabilities (RPwD) Act, 2016.
- Outcome of the Judgement:
- Authorities were directed to proceed with the selection process in light of this ruling and complete it within three months.
- Rule 6A of MP Rules, 1994, was struck down as it excluded visually impaired persons from selection to judicial services despite their educational qualifications.
- Proviso to Rule 7 of MP Rules, which imposed additional requirements such as a three-year practice period or a minimum of 70% marks in the first attempt, was also struck down as unconstitutional.
Justifications given by the Court
- Affirmative action for PwDs: The court emphasized the need for a rights-based approach. Persons with Disabilities (PwDs) should not only be free from discrimination but should also receive positive accommodations to ensure equal opportunities.
- Principle of Reasonable Accommodation: It is derived from international conventions and ensures that PwDs receive necessary accommodations for fair assessment and eligibility.
- Doctrine of Equality: The court ruled that additional qualifications imposed on PwDs violated the doctrine of equality. The principle of reasonable accommodation must be applied to prevent indirect discrimination.
Impact of the Judgement
- Immediate effects: Visually impaired candidates can now participate in judicial service exams without additional barriers. State authorities shall have to amend rules to align with the RPwD Act.
- Long-Term implications: Sets a precedent for recognizing disability rights as fundamental rights.
- The decision will encourage other government sectors to adopt similar measures.
- Enhances inclusivity in the judiciary and other public service sectors.
Also Read: Persons With Disability (PWD)
The Supreme Court’s ruling marks a significant step toward an inclusive and equitable judicial system. By striking down discriminatory provisions and reinforcing the principle of reasonable accommodation, the judgment will ensure that disability does not hinder equal participation in public service.