Judiciary or civil services?

Raghav Arora (Querist) 13 February 2020 This query is : Resolved
Which profession has more perks? Judiciary or Civil Services?

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This discussion compares the perks and power of the Judiciary versus the Civil Services. It clarifies that judicial officers are not comparable to civil administrative officers due to their distinct constitutional and functional roles. A Supreme Court judgment highlights that judicial service is not mere employment, and judges exercise sovereign judicial power, necessitating independence that cannot be compromised by financial insecurity.

Raj Kumar Makkad (Expert) 13 February 2020
This is not a legal question, however, both professions have separate entity and perks.

Raghav Arora (Querist) 13 February 2020
It has nexus with Law though.
I want to know these things in detail. If someone can refer an article or something or give a first had review.

Raj Kumar Makkad (Expert) 13 February 2020
How are you related with this query?

R.K Nanda (Expert) 14 February 2020
search google for it.

Raj Kumar Makkad (Expert) 15 February 2020
Nanda Sir! Even google can;t help the author as he is in the mood to have some fun.

Hemant Agarwal (Expert) 16 February 2020
APPREHENSIVELY, the query might be relating the word "PERKS" to probable "BRIBES /illegal gratitude's" !!!! Hence he twisted the question.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

T. Kalaiselvan, Advocate (Expert) 21 February 2020
I assume that you are seeking clarification in terms of pay and emoluments of two different branches, but you may please be aware that the judicial officers canot be compared with the the other department you referred herein above especially with regards to the pay and emoluments for various reasons. An article in this regard is reproduced for your reference which will clear your doubts.
The justification for higher pay scales for Judicial Officers, when
compared to their counterparts in executive branch of civil service is now
a matter of history. That the Judges belonging to Subordinate Judiciary
shall be treated differently in matters relating to pay, allowances and
certain other service conditions and shall not stand in comparison with
civil administrative officers of the State is now a firmly recognised
principle. It is only in recognition of this reality, the Supreme Court of
India in the landmark judgment in All India Judges Association v. UOI
[1992 SCC (1) 119, AIR 1992 SC 165), directed the setting up of a
separate Judicial Pay Commission for the members of Subordinate
Judiciary and issued various other directions regarding the uniformity of
service conditions, pay and perks, pension, training etc.. The review
petitions filed by the Governments and Union of India were disposed of
with certain modifications and clarifications. In the order passed in the
review petition, there are significant observations which spell out the
justification for treating the members of Judicial service as a distinct
class, ruling out the comparison with the executive officers. The
Supreme Court, in the review judgment reported in AIR 1993 SC 2493,
held thus:
“The judicial service is not service in the sense of
‘employment’. The judges are not employees. As members of
the judiciary, they exercise the sovereign judicial power of the
State. They are holders of public offices in the same way as the
- 9 -
members of the Council of Ministers and the members of the
legislature.”
xxx xxx xxx “The Judges, at whatever level they may be,
represent the State and its authority unlike the administrative
executive or the members of the other services. The members
of the other services, therefore, cannot be placed on par with the
members of the judiciary, either constitutionally or
functionally.”
“The distinction between the Judges and the members of the
other services has to be constantly kept in mind for yet another
important reason. Judicial independence cannot be secured by
making mere solemn proclamations about it. It has to be
secured both in substance and in practice. It is trite to say that
those who are in want cannot be free. Self reliance is the
foundation of independence. The society has a stake in ensuring
the independence of the judiciary, and no price is heavy to
secure it. To keep the judges in want of the essential
accoutrements and thus to impede them in the proper discharge
of their duties is to impair and whittle away justice itself.”

Raghav Arora (Querist) 21 February 2020
Thank you Kalaiselvan Sir for this different viewpoint.
Yes, I wanted to know about the pay and other emoluments on which I could not find any first-hand info on other platforms.

Thanks. Regards.

T. Kalaiselvan, Advocate (Expert) 21 February 2020
You are welcome Mr. Raghav Arora for your appreciations.

Raj Kumar Makkad (Expert) 21 February 2020
Mr. Arora! Untill and unless you come with clarity, how can one offer you exact advice which you actually want?

Raghav Arora (Querist) 21 February 2020
Respected Mr. Makkad, it is a career-oriented question asked for pacification by those who have been in these professions or have known people who have been in these professions/ people with more experience like all you experts. I just wanted to know out of curiosity if Judiciary is more powerful or the UPSC and which profession offers you a better and more comfortable life. How could the question be any clearer? Kindly guide?

Raj Kumar Makkad (Expert) 21 February 2020
You might have raised in question form at least the last line which you have put above. You being professional know that the replies within boundaries of the question generally remain near to expectations otherwise assumptions and presumptions have no limit.

Raghav Arora (Querist) 21 February 2020
Sir,
1. The question was in question form.
2. I am a student expecting simple reply to a simple question.
3. I dnt see any scope for assumptions and presumptions here. Judiciary Vs UPSC is a pretty common topic, as is making fun of people. #sad
4. There is no point debating.

Regards

T. Kalaiselvan, Advocate (Expert) 21 February 2020
Mr. Arora,
Dont get disgusted or agitated by various replies.
Every field has its own constraints.
The outward look of each branch is not the conclusion.
There is no easy job in any field or profession or department.
All the professional commitments involve its own obstacles, hurdles, hardships and practical difficulties.
One who is capable of tiding over all such hindrances can be successful, but of course it takes time to answer to the object called success.

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