The Supreme Court issued a strong rebuke to the High Court of Madhya Pradesh on Tuesday regarding its decision to terminate the services of several women civil judges, refusing to reinstate some who had been dismissed. This development arose from the suo motu case titled “In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service.”
A bench comprising Justices BV Nagarathna and N Kotiswar Singh criticized the high court’s use of case disposal rates as the sole criterion for assessing judicial performance, especially when the judges were reportedly experiencing mental and physical challenges.
Justice Nagarathna expressed frustration over the dismissals, emphasizing the need for empathy and equal standards across the judiciary. “It is very easy to say ‘dismissed-dismissed’ and go home. Even we are hearing this matter at length; can lawyers say we are slow?” she queried during the proceedings. She further commented on the lack of understanding for women’s unique physical and mental health needs, stating, “I wish men had menstruation, then only they would understand.”
The case disposal rate, often used as a measure of judicial efficiency, was questioned by the justices as an unfair metric for those under mental and physical duress. “Particularly for women, if they are suffering physically and mentally, do not say they are slow and send them home. Let there be same criteria for male judges and judicial officers, we will see then, and we know what happens,” Justice Nagarathna added.
The termination of the six judges was first brought to the Supreme Court’s attention in January 2023, after the Madhya Pradesh government issued orders based on what was deemed unsatisfactory performance during their probation period. These decisions followed reviews by an administrative committee and a full-court meeting of high court judges.
Following initial hearings, the Supreme Court in July directed the Madhya Pradesh High Court to reconsider its decision concerning the affected judges within a month.
The next hearing is scheduled for December 12, where further deliberations will take place.
