VidhiSangh

Supreme Court of India · 03/01/2024

STATE OF UTTAR PRADESH & ORS versus ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD & ORS

[2024] 1 S.C.R. 211 · 2024 INSC 4

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside orders compelling Uttar Pradesh to notify proposed benefits for retired High Court judges and initiating contempt against officials who sought recall. Article 229 did not authorise those rules, and a bona fide legal challenge was not contempt. The Court prescribed a nationwide SOP requiring restraint, reasons and procedural safeguards when summoning government officials.

Issues

  1. Whether Article 229 empowered the Chief Justice to frame binding post-retiral benefit rules for former High Court judges and whether the judicial side could compel notification.
  2. Whether filing the State’s recall application justified civil or criminal contempt and immediate custody.
  3. What safeguards should govern personal appearances of government officials in court.

Provisions considered

Held

Result

Both High Court orders dated 4 and 19 April 2023 were set aside and appeals disposed of. The High Court remained free to hear the underlying writ petition consistently with the judgment. The SOP was made applicable nationwide, and the judgment was directed to be sent to every High Court’s Registrar General.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 211.