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In a landmark decision, the Supreme Court of India has ruled that visually impaired individuals are eligible to become judges, striking down a restrictive provision in the Madhya Pradesh Judicial Services Rules. The verdict reinforces equal opportunities in the legal profession and upholds the rights of persons with disabilities.
Judicial Bench Advocates Equal Access
A bench comprising Justices JB Pardiwala and R Mahadevan ruled that no candidate can be denied the opportunity to join the judiciary based on disability. The bench stressed that affirmative action must be taken to ensure equal participation of persons with disabilities in the judicial system.
“Persons with disabilities should not face discrimination in judicial services. The state must take proactive measures to ensure their inclusion,” the court stated.
The Petition That Led to Change
The case originated when a visually impaired aspirant was prevented from appearing for the Madhya Pradesh Judicial Services examination due to Rule 6A, which barred such candidates from judicial appointments. His mother challenged the provision, addressing a letter to former Chief Justice of India DY Chandrachud, which led the court to initiate a public interest litigation (PIL).
Ensuring Fundamental Equality
The Supreme Court ruled that any form of indirect discrimination—whether through eligibility cutoffs or procedural barriers—must be eliminated to uphold fundamental equality. It emphasized that reasonable accommodations must be provided to candidates with disabilities under the Rights of Persons with Disabilities Act, 2016.
A Step Toward Inclusive Judiciary
The ruling aligns with previous Supreme Court judgments affirming that visually impaired individuals can serve as judges. In states like Tamil Nadu and Rajasthan, visually impaired judges have already been appointed, setting a precedent for inclusivity. Notably, in 2009, Judge T. Chakkaravarthy became Tamil Nadu’s first visually impaired judicial officer.
