INTRODUCTION
A stalemate has always been over who has more power—a Judge or an IAS Officer. Earlier, People believed in Divine Kingship. According to the German Philosopher Georg Wilhelm Friedrich Hegel, the State was the “March of God on Earth” and the king was divinely ordained to govern having exclusive legislative, executive, and judicial powers. When this concentration of power began to exploit people, philosophers like Montesquieu developed the concept of Separation of power where separate branches were created for efficient governance. The Indian Constitution also recognizes this principle in Article 50 whereby the Judiciary must be separated from the executive[1].
While Judges hold the highest Judicial authority in India, IAS officers form the permanent bureaucracy of the executive branch of the government of India. Civil Servants ensure distributive justice by implementing government policies, and if there are any shortcomings in performing their functions, the judiciary resolves them.
ROLES AND RESPONSIBILITIES
Judgeship is a noble profession. By delivering Justice, judges contribute to a stable and just society, which is vital for democracy. The Supreme Court, being the sentinel of the Constitution, interprets and enforces the laws, annuls unconstitutional laws, and delivers binding judgments. It holds the authority to issue orders or directions to any individual including public officials. The Indian Constitution makes sure that nobody’s Fundamental Rights are violated and therefore it authorizes the Supreme Court and the High Courts to issue writs, under Article 32 and 226 respectively, for the protection of the Fundamental Rights of all the citizens of India[2]. Court’s rulings have ramifications and establish precedents for future issues.
Civil Services are the administrative backbone of the Government. Civil Servants help implement policies, manage administrative functions, and oversee public welfare programs. Their decisions impact Governance and Development by translating legislative and executive decisions into actionable plans. District Collectors have significant powers related to revenue, development, and disaster management. IAS officers advise elected representatives on policy matters based on their administrative expertise.
The Civil Services Examination is conducted by the Union Public Service Commission, established under Article 315[3]. It is considered to be the most gruelling examination in India. Selected candidates first hold the post of SDM then after several rounds of promotion, they may become cabinet secretary. By taking the Provincial Civil Services Examination (PCS-J) or High, a candidate becomes a District or Sessions Judge. However, if one wants to join judicial officers in higher posts, one needs to clear the Higher Judicial Services Examination (HJS). However, for High Courts or Supreme Court, no exam is conducted. Judges are directly appointed by the President on the recommendation of the collegium consisting of the Chief Justice and four other senior judges of the Supreme Court.
POWER AND AUTHORITY
The Indian Constitution ensures security of tenure for Supreme Court Judges under Article 124(2) and High Court Judges under Article 217(1)[4]. They can only be removed from office through a formal impeachment process, based on proven misbehaviour or incapacity, which is a lengthy and challenging procedure.
An IAS Officer lacks the security of tenure and judicial immunity, meaning they can be removed or suspended by the central or state government, based on their posting, with the President making the final decision on their dismissal. However, they are protected by constitutional safeguards under Article 311 regarding dismissal or reduction in rank[5]. Additionally, they cannot be arrested without government consent and have authority under Section 163 of the Bharatiya Nagarik Suraksha Sanhita to take action in nuisance cases.[6]
A Judge is also exempted from Executive actions. There is no Political influence on the judicial system. Section 15 of Bharatiya Nyaya Sanhita says that nothing is an offence which is done by a Judge when acting judicially in the exercise of power which is, or which in good faith he believes to be, given to him by law.[7]
An IAS officer may have political influence because they must report to the elected political leadership.
REAL-LIFE SCENARIOS AND EXAMPLES
There have been various instances where the Judiciary has cracked the whip. Since they have been bestowed with the responsibility to protect the law of the land, any unconstitutional act, even if done by a civil servant, is subject to punishment. In August 2024, the Jammu and Kashmir High Court summoned 2018 batch IAS Officer Shyambir Singh. Singh, posted in Ganderbal District as Deputy Commissioner, was alleged to have used his official position to intimidate and harass Honourable Justice Fayaz Ahmed Qureshi.
Another instance was the sentencing of IAS Officer Pradeep Yadav. He, along with two other officials, was sentenced and fined by the Madras High Court in 2023, for failing to implement the earlier orders of the court when he held the post of principal secretary to the school education department.
The most chilling incident recently was that of ex-trainee IAS Officer Puja Khedkar. She managed to deceive the entire Union Public Service Commission by falsely claiming mental illness and visual impairment. She even forged a community certificate and misused a disability certificate to secure a selection despite achieving a rank that would have otherwise disqualified her.
When Civil Servants are in need, even they knock on the doors of the court like in the case of Indian Administrative Service Association vs. Union Of India and Others, 1992, an association representing officers of the State Civil Service of U.P filed a petition requesting the Government of India to amend the Indian Administrative Service (Regulation Of Seniority) Rules, 1954 by removing the disparity for qualification to be promoted to All India administrative Services from State Civil Services. Where Officers of Andra Pradesh and Kerela were promoted after 8 to 9 years of service, Officers of U.P and Bihar took 24 to 27 years for promotions.[8].
CONCLUSION AND FINAL THOUGHT
Though the Roles, Responsibilities, and Powers of both a Judge and an IAS officer are complementary and essential for the functioning of the Country, A Judge seems to outweigh the weighing scale. The Judiciary is seen to be superior in terms of its Powers, Perks, and Independence. The Salary of a junior judge is more than junior most IAS Officers. Similarly, a civil judge holds more power than an SDM.
A District Judge or a High Court judge has more privileges and power than a DM or a Joint Secretary. In the matter of superiority, a Supreme Court Judge is superior only next to the President of India, the Vice President of India, and the Prime Minister. Compare this to the Cabinet Secretary who is way below in order of precedence. Moreover, there is no political influence in the Judiciary. They are not supposed to report to elected representatives as in the case of IAS Officers.
Under Articles 222 and 217, Judges can be transferred by the President but cannot be dismissed unless the process of impeachment is initiated[9]. However, in the case of Civil Servants, they are transferred on the whims and fancies of the government and they can also be dismissed from service on the grounds of misbehavior, corruption, moral turpitude, or any other kind of unconstitutional acts.
Thus, it can be said that a Judge holds more power than an IAS Officer but rather than determining who is more powerful, one should focus on collective efforts for the smooth functioning of democracy. Ultimately, their power lies not in competition but in collaboration for the greater good of society.
Author(s) Name: Riddhima Shukla (S. S. Khanna Girls’ Degree College, Prayagraj (Affiliated to the University of Allahabad))
References:
[1] Constitution of India, art 50.
[2] Constitution of India, arts 32 and 226.
[3] Constitution of India, art 315.
[4] Constitution of India, arts 124(2) and 217(1).
[5] Constitution of India, art 311.
[6] Bharatiya Nagarik Suraksha Sanhita 2023, s 163.
[7] Bharatiya Nyaya Sanhita 2023, s 15.
[8] L K Koolwal v State of Rajasthan and Ors (1986)
[9] Constitution of India, arts 222 and 217.
