On March 4, 2025, the Supreme Court of India declared that the right to be free from discrimination based on disability is a fundamental right, in line with the Rights of Persons with Disabilities (RPwD) Act of 2016. This ruling enables visually impaired individuals to take part in judicial service recruitment, emphasizing the importance of equal opportunity and reasonable accommodation. The decision was made by a bench consisting of Justices J B Pardiwala and R Mahadevan while they were reviewing petitions concerning the Madhya Pradesh Judicial Service Examination Rules of 1994 and the Rajasthan Judicial Service Rules of 2010.
Key Highlights
Recognition of Fundamental Right
The court highlighted that the right to be free from discrimination based on disability should be recognized as a fundamental right. The ruling is consistent with the RPwD Act of 2016 and aligns with international conventions regarding disability rights.
Judicial Service Participation for Visually Impaired
- The court ruled that visually impaired candidates are eligible to participate in judicial service recruitment.
- Authorities were directed to complete the selection process within three months.
Striking Down Discriminatory Rules
- The court struck down Rule 6A of the Madhya Pradesh Judicial Service Examination Rules, 1994 for excluding visually impaired candidates.
- The proviso to Rule 7 was also nullified as it violated the equality doctrine by requiring either a three-year practice period or 70% marks in the first attempt.
Relaxation in Eligibility Criteria
• There should be relaxations in cut-off marks and other eligibility criteria for Persons with Disabilities (PwDs), akin to those available for SC/ST candidates.
• Separate cut-off lists ought to be created specifically for visually impaired candidates.
• Mention of Achievers with Disabilities is essential.
• The court emphasized the significant contributions of visually impaired legal professionals, showing that having a disability does not hinder excellence in the legal profession.
