Proper functioning of judiciary a constitutional necessity, Supreme Court

The Supreme Court of India has set aside a Jammu and Kashmir High Court order of en-mass regularization of daily wagers in the State judiciary, and criticised the government for creating a situation where large numbers were recruited on a daily wage basis..A bench comprising Chief Justice T S Thakur and Justices D Y Chandrachud and L Nageswara Rao, also made some scathing observations against the State..The case came as a PIL filed on the grievance of the Bar Association against the orders of a Division Bench of the Jammu and Kashmir High Court. The PIL also alleged that since the creation of the district of Bandipora in 2007, the Sessions Court has been housed in a building which used to be a part of the Munsif’s Court Complex. The Principal District and Sessions Judge, Chief Judicial Magistrate and Munsif discharge their judicial functions in a building which lacks basic amenities..The High Court had directed a ‘one time’ regularisation of services of the daily rated workers engaged from time to time in the High Court and subordinate courts, and the creation of 209 posts for their absorption..The Supreme Court Bench set aside the high court order on the grounds that it had been passed not keeping in mind constitutional and legal principles. At the same time, the apex court noted,.“It is unfortunate, in our view, that the state government has allowed the requirements of the state judiciary to be neglected over such a long period of time. .The need to facilitate the proper functioning of the High Court and the district judiciary is a constitutional necessity which imposes a non-negotiable obligation on the state government to create an adequate number of posts and to provide sufficient infrastructure. .The state government is to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis.”.The Court’s remarks come even as there is an uproar in connection with the number of judicial vacancies. But whether things will change anytime soon is anyone’s guess.