Supreme Court Advocates for Disability Rights as Fundamental

On March 4, 2025, the Supreme Court of India ruled that the right against disability-based discrimination should be considered a fundamental right, aligning with the Rights of Persons with Disabilities (RPwD) Act, 2016. The judgment allows visually impaired candidates to participate in judicial service recruitment, reinforcing the principle of equal opportunity and reasonable accommodation. The verdict was delivered by a bench of Justices J B Pardiwala and R Mahadevan while hearing petitions related to the Madhya Pradesh Judicial Service Examination Rules, 1994, and Rajasthan Judicial Service Rules, 2010.

Key Highlights

Recognition of Fundamental Right

• The court emphasized that the right against disability-based discrimination should be elevated to the status of a fundamental right.
• The judgment aligns with the RPwD Act, 2016 and international conventions on 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.

Reasonable Accommodation

• The judgment stressed the importance of reasonable accommodation to ensure equal opportunities for persons with disabilities (PwDs).
• The state must adopt affirmative actions to support PwDs in accessing public services.

Relaxation in Eligibility Criteria

• Relaxations in cut-off marks and other eligibility criteria for PwDs should be provided, similar to those for SC/ST candidates.
• Separate cut-off lists will be maintained for visually impaired candidates.
• Reference to Achievers with Disabilities
• The court highlighted the contributions of visually impaired legal professionals, demonstrating that disability is not a barrier to excellence in the legal field.