The High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 aims at regulating the salaries and conditions of service of high court and supreme court judges of India.
By amendment made in 2009 to this Act, section 16B and 17B were newly added in 1954 and 1958 Acts respectively. The 2009 amendment Act was introduced with an aim to provide that every judge after his retirement or after his death his family, shall be entitled to the additional amount of pension in accordance to the provisions specified. This additional quantum of pension shall be sanctioned to the judges of High Court and Supreme Court on attaining the age of 80 years, 85 years, 90 years, 95 years and 100 years as the case may be.
Provisions relating to the Judges of High Court
Article 217 of the Indian Constitution states that the appointment of every judge of High Court must be made by the President of India after consultations with Chief Justice of India and the Governor of the state. The recommendations regarding such appointment judges are made by the Chief Justice and the panel of two senior most judges. This recommendation is further passed to the Chief Minister of the respective state who advices the Governor to further pass the proposal to union law minister. The Chief Justice then make consultations with the two senior judges of Supreme Court to form opinion about who shall be appointed as the Judge of High Court. The judges of the High Court shall retire at the age of 67 years.
Provisions relating to the Judges of Supreme Court
The appointment of Supreme Court Judges as well as the Chief Justice of India is made by the President of India under clause (2) of Article 124. Such appointment is made by the President after his consultations with the other judges of High Court and Supreme Court if necessary. In case of appointment of any Judge other than the Chief Justice, the consultations with the Chief Justice is mandatory. The Supreme Court Collegium is governed by the Chief Justice of India and four senior judges of the court.
The HC and SC Judges (Salaries and Conditions of Service Amendment Bill, 2021)
The HC and SC Judges (Salaries and Conditions of Service Amendment Bill, 2021) was introduced by the law minister Kiren Rijiju, in order to propose certain amendments to the existing High Court Judges (salaries and conditions of service) Act and Supreme Court ( salaries and conditions of service) Act.
About the Bill
1) Bill makes provisions for providing additional amount of pension or family pension. Under this bill, all judges of Supreme and High Court and also their family members are entitled to pension or family pension.
2) They are also eligible for entitlement to additional quantum of pension after attaining a specified age.
3) This specified age brackets includes minimum age of 80,85,90,95 and 100 years.
4) This additional quantum of pension also rises with increasing age that is from 20% to 100% of the pension.
5) The judge or the family member shall be entitled to such pension or family pension from the first day of the month when they will complete minimum age given under age bracket.
6) When section 16B and 17B were inserted in two Acts respectively for providing benefits of pension to retired Judges but from the first day of the month in which the Judge completes the age specified in the scale and not from the first day he entered the age specified. This Bill also tries to give clarifications on these aspects.
Expected Implications
1) As this is a small and limited amendment, it won’t in any aspect effect the salaries of the Judges.
2) It also clarifies the of additional quantum of pension with regards to different age brackets for retired Judges.
3) It aims to provide the benefits of additional pension from the first day of month in which he completes the age specified in age brackets.
Significance of the Bill
1) It promotes accountability of the Judges by improving their economic situation after retirement.
2) It will also ensure that there is a better system of pension and allowances.
This article is written by Neha Bodas of ADV.BALASAHEB APTE COLLEGE OF LAW.