SC’s historic decision, 31 year old rule repealed.. Now blind people can also become judges

New Delhi. The Supreme Court on Monday gave a big decision saying that blind people can also become judges. Regarding the rights of the disabled, the Supreme Court said that the judicial system has to be made more inclusive and easy. In such a situation, blind people cannot be stopped from becoming judges. The Supreme Court, while repealing a law, said that blind people are also entitled to participate in the judicial examination. In this profession, disability cannot become a hindrance to talent.

The bench of Justice JB Pardiwala and R Mahedavan said that the clinical assessment done by a medical expert cannot be the basis for depriving a disabled person of his rights. The bench struck down the part of the conditions of the Madhya Pradesh Judicial Service Rules which excluded visually impaired and blind candidates from appointment to judicial services, saying they (blind and visually impaired) are eligible to apply for appointment to the judicial services of India. Delivering the verdict on behalf of the bench, Justice Mahadevan said, “Rule 6A of the Madhya Pradesh Judicial Service Rules, 1994 is struck down as it excludes visually impaired and visually impaired candidates from appointment to judicial services.”

After considering several aspects, the bench said that reasonable facilities should be provided to them while assessing their (disabled persons) eligibility as per the Rights of Persons with Disabilities Act, 2016. The bench said that persons with disabilities should not face any discrimination in judicial service recruitment and the state should provide them affirmative action to ensure inclusive framework. The bench further said in the judgment that it deals with the constitutional framework and institutional disability framework and considers this matter of utmost importance.

The mother of a visually impaired candidate had filed a letter petition before the apex court last year against the said rule included in the Madhya Pradesh Judicial Service (Recruitment and Service Conditions) Rules, on which the court had registered a suo motu case. The Supreme Court had reserved its order on December 3, 2024 after the completion of the hearing.