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december 1994

Supreme Court of India · 1994-12-14

SHRI P.K. SARIN & ANR. ETC. ETC. vs STATE OF U.P. & ORS. ETC.

Citation / case number
SC 1977/61799
Court
Supreme Court of India
Petitioner
SHRI P.K. SARIN & ANR. ETC. ETC.
Respondent
STATE OF U.P. & ORS. ETC.
Author
MADAN MOHAN PUNCHHI
Bench
A.M. AHMADI,CJI.,MADAN MOHAN PUNCHHI,JJ.

Judgment text excerpt

The Supreme Court ruled that the recruitment of District Judges in Uttar Pradesh from 'Judicial Officers' is unconstitutional, emphasizing the independence of the judiciary as mandated by Article 50 and Articles 233 to 237 of the Constitution. The Court clarified that the term 'Service of the Union or of the State' refers specifically to the judicial service, which must consist exclusively of individuals intended for judicial posts. The judgment overruled the previous decision in Dinesh Chander Srivastava & Ors. v. State of U.P., reinforcing the principle that only members of the Bar and judicial service can be appointed as District Judges.

SHRI P.K. SARIN & ANR. ETC. ETC. vs STATE OF U.P. & ORS. ETC. · Niyam