PARLIAMENT OF INDIA RAJYA SABHA - … PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED...

PARLIAMENT OF INDIA

RAJYA SABHA 10

DEPARTMENT-RELATED PARLIAMENTARY STANDINGCOMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES,

LAW AND JUSTICE

TENTH REPORT

ON

THE HIGH COURT AND SUPREME COURT JUDGES (SALARIESAND CONDITIONS OF SERVICE) AMENDMENT BILL, 2005

TH (PRESENTED TO THE RAJYA SABHA ON 4 AUGUST, 2005)TH

(LAID ON THE TABLE OF THE LOK SABHA ON 4 AUGUST, 2005)

TH (PRESENTED TO THE RAJYA SABHA ON 4 AUGUST, 2005)TH

(LAID ON THE TABLE OF THE LOK SABHA ON 4 AUGUST, 2005)

RAJYA SABHA SECRETARIAT

NEW DELHI

RAJYA SABHA SECRETARIAT

NEW DELHI

AUGUST, 2005/SRAVANA, 1927 (SAKA)AUGUST, 2005/SRAVANA, 1927 (SAKA)

Website:http://rajyasabha.nic.inE-mail:[email protected]

37

PARLIAMENT OF INDIARAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDINGCOMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW

AND JUSTICE

TENTH REPORT

ON

THE HIGH COURT AND SUPREME COURT JUDGES (SALARIES ANDCONDITIONS OF SERVICE) AMENDMENT BILL, 2005

(PRESENTED TO THE RAJYA SABHA ON 4TH AUGUST, 2005)(LAID ON THE TABLE OF THE LOK SABHA ON 4TH AUGUST, 2005)

RAJYA SABHA SECRETARIATNEW DELHI

AUGUST, 2005/SRAVANA, 1927 (SAKA)

CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ......................................................................................... (i)-(ii)

2. INTRODUCTION ........................................................................................................................ (iii)

3. REPORT .................................................................................................................................. 1—5

4. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE ............................................ 7—16

5. ANNEXURE ............................................................................................................................... 17—34

A. THE HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS

OF SERVICE) AMENDMENT BILL, 2005 .......................................................................... 19—34

B. LIST OF PERSONS WHO TENDERED ORAL EVIDENCE ON THE BILL, .............................. 35—36

COMPOSITION OF THE COMMITTEE(2004-05)

1. Shri E.M. Sudarsana Natchiappan – Chairman

RAJYA SABHA

2. Dr. Radhakant Nayak

3. Shri Balavant alias Bal Apte

4. Shri Ram Nath Kovind

5. Shri Ram Jethmalani

6. Dr. P.C. Alexander

7. Shri Tariq Anwar

8. Shri Raashid Alvi

9. Vacant

10. Vacant

LOK SABHA

11. Dr. Shafiqurrahman Barq

12. Shrimati Bhavani Rajenthiran

13. Shri Chhatar Singh Darbar

14. Shri N.Y. Hanumanthappa

15. Shri Shailendra Kumar

16. Shri Dahyabhai V. Patel

17. Shri Brajesh Pathak

18. Shri Harin Pathak

19. Shri V. Radhakrishnan

20. Shri Vishwendra Singh

21. Shri Bhupendrasinh Solanki

22. Prof. Vijay Kumar Malhotra

23. Kumari Mamata Banerjee

24. Shri S.K. Kharventhan

25. Shri Shriniwas D. Patil

26. Shri A.K. Moorthy

27. Shri Ramchandra Paswan

28. Vacant

29. Vacant

30. Vacant31. Vacant

(i)

(ii)

SECRETARIAT

Shri Tapan Chatterjee, Joint Secretary

Shri Surinder Kumar Watts, Deputy Secretary

Shrimati Sunita Sekaran, Under Secretary

Shri Vinoy Kumar Pathak, Committee Officer

(iii)

INTRODUCTION

I, The Chairman of the Committee on Personnel, Public Grievances, Law and Justice,having been authorised by the Committee, present this Tenth Report of the Committee on the HighCourt and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill*, 2005.

2. In pursuance of the rules relating to the Department-related Parliamentary StandingCommittee, the Hon’ble Chairman, Rajya Sabha referred** the Bill, as introduced in the Lok Sabhaon the 12th May, 2005.

3. The Committee decided to issue Press Release in print, audio-visual and electronic media tosolicit views/suggestions from interested individuals/organisations/institutions on the variousprovisions of the Bill. The Press Release appeared in print media on the 11th June, 2005.

4. In response thereto nine memoranda containing suggestions were received by the Committeewhich were subsequently forwarded to the Department of Justice, Ministry of Law and Justice fortheir comments thereon.

5. The Committee considered the Bill and heard the presentation of the Secretary, Departmentof Justice, Ministry of Law and Justice in its meeting held on the 22nd June, 2005.

6. The Committee heard oral evidence of 3 (list at Annexure ‘B’) to have better appreciationof the subject. The Committee also sought response of Department of Justices on the suggestionsmade during the course of depositions by witnesses before the Committee in various meetings.

7. While considering the Bill, the Committee took note of the following documents/informationplaced before it:—

(i) Background note on the Bill;

(ii) The High Court Judges (Salaries and Conditions of Service) Act, 1954;

(iii) The Supreme Court Judges (Salaries and Condition of Service) Act, 1958; and

(iv) Department of Justice's comments on the views/suggestions tendered in the oralevidence by the witnesses in the meetings of the Committee.

8. The Committee held 3 meetings to dispose of the Bill.

9. The Committee adopted the Report in its meeting held on the 28th July, 2005.

10. For the facility of reference and convenience, the observations and recommendations of theCommittee have been printed in bold letters in the body of the Report.

E. M. SUDARSANA NATCHIAPPANNEW DELHI; Chairman,August 2, 2005 Committee on Personnel,

Public Grievances, Law and Justice

*Published in the Gazette of India, Extraordinary Part-II, Section 2, dated the 22nd December 2003.** Rajya Sabha Parliamentary Bulletin Part-II (No. 42214) dated the 30th May, 2005.

1

REPORT

1. The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of 1958) andthe High Courts Judges (Salaries and Conditions of Services) Act, 1954 (28 of 1954) and the rulesmade thereunder govern and regulate the salaries and other conditions of service, including pensionof the Judges of the Supreme Court and High Courts.

2. Judges of the Supreme Court and High Courts are placed in three categories for the purposeof computation of basic pension1:—

(i) Part I : The Judges elevated directly from the Bar.

(ii) Part II : The Judges elevated from the Indian Civil Service*.

(iii) Part III : The Judges elevated from the State Judicial Service.

2.1. The High Courts and Supreme Court Judges (Salaries and Conditions of Service) Amendment,Bill, 2005 proposes to increase the pension, additional pension and maximum pension of the Judgesof the High Courts and Supreme Court by 1.5 times. It is also proposed to calculate family pensionat the rate of 50 per cent of salary plus 50 per cent of the Dearness Pay upto the age of sixty-five years or first seven years of death, whichever is earlier and thereafter 30 per cent of salary plus30 per cent of Dearness Pay, subject to a minimum of Rs.1913. The Bill also proposes, inter-alia,to revise House Rent Allowance and rates of sumptuary allowance admissible to the Judges of HighCourt and Supreme Court. It is also proposed to dispense with the condition of seven years ofservice and to add a period of ten years to the qualifying period of service for pension in case ofan advocate appointed to the Bench of the Supreme Court, as per the Constitutional provisions.

2.2. The statement of objects and reasons appended to the Bill states as under:—

“In case of all Central Government employees, including members of All-IndiaServices, 50 per cent of the Dearness Allowance (DA) was merged with the basicpay with effect from April 1, 2004. This is now separately shown as Dearness Pay(DP), which is counted for purposes like payment of allowances including HouseRent Allowance (HRA), transfer grant, retirement benefits, contribution of GPF,various advances, etc.

Similarly, in case of pensioners, Dearness Relief equal to 50 per cent of thepension has, with effect from April 1, 2004, been merged with pension and showndistinctly as Dearness Pension. This has resulted in the increase in basic pensionof the Central Government employees by 1.5 times.

In view of the above, a necessity is felt to increase the pension, additional pensionand maximum pension of the Judges of the High Courts and the Supreme Court by1.5 times.

The Family Pension for Judges, with effect from April 1, 2004, is also proposedto be calculated, as in the case of Central Government employees, at the rate of50 per cent of the salary, plus 50 per cent of the Dearness Pay, up to the age ofsixty-five years of first seven years of death, whichever is earlier and thereafter 30per cent of salary plus 30 per cent of Dearness Pay, subject to a minimum ofRs.1,913/-.

1.First Schedule to the Supreme Court Judges (Salaries and Conditions of Services Act, 1958).*No Part-II Judge is presently in office.

1

2

With the merger of 50 per cent of DA with the Basic Pay, the House RentAllowance (HRA) admissible to the Central Government employees, includingmembers of All-India Services, has been revised to 30 per cent of Basic Pay plus30 per cent of Dearness Pay, with effect fom April 1, 2004.

On the same analogy, the allowance admissible to the Judges in lieu of Governmentaccommodation, is also required to be revised and fixed at 30 per cent of the salaryplus 30 per cent of Dearness Pay, with effect from April 1, 2004.

Rates of sumptuary allowance admissible to the Judges of High Courts and SupremeCourt are also proposed to be revised with effect from April 1, 2004.

Under the provisions of Article 124(3)(b) of the Constitution, an Advocate havingten years practice, can be directly appointed to the Bench of the Supreme Court.Generally, no Advocate below the age of 55 years is considered for appointment.These Judges get pension under Part 1 of the Schedule to Supreme Court Judges(Salaries and Conditions of Service) Act, 1958. They, sometimes, cannot evencomplete seven years of service required for eligibility for pension. As such, theyare entitled to a fixed amount as pension. For such Judges, it is proposed todispense with the condition of seven years of service and to add a period of tenyears to the qualifying period of service for pension.’’

3. The Committee, to be enlightened further on the issues involved in the Bill, considered thebackground note submitted by the Department of Justice which reads as under:—

“The High Court and Supreme Court Judges (Salaries and Conditions of Service)Amendment Bill, 2005 has been introduced in the Lok Sabha, further to amend the HighCourt Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges(Salaries and Conditions of Service) Act, 1958.

The Fifth Central Pay Commission, in their Report, had recommended that D.A. should beconverted into Dearness Pay each time the Cost Price Index (CPI) increases by 50% over theBase Index used by the last Pay Commission. this recommendation of the 5th Central PayCommission had been considered and it was decided that in case of all Central Governmentemployees, including members of All India Services, 50 per cent of the Dearness Allowance(DA) be merged with the basic pay with effect from April 1, 2004. This is now separatelyshown as Dearness Pay (DP), which is counted for purposes like payment of allowances,including House Rent Allowance (HRA), transfer grant, retirement benefits, contribution ofGPF, various advances, etc. Benefit of merger for salary purposes has already been extendedto the Judges of High Courts and Supreme Court through executive orders.

Similarly, in case of pensioners, Dearness Relief equal to 50 per cent of the pension has,with effect from April 1, 2004 been merged with pension and shown distinctly as DearnessPension. This has resulted in increase in basic pension of the Central Governmentemployees by 1.5 times.

As such, a need is felt to increase the pension, additional pension and maximum pensionof the Judges of the High Courts and Supreme Court by 1.5 times, with effect fromApril 1, 2004. The resultant increase in pension would be as follows:

Supreme Court Judges

Maximum pension Existing Revised (w.e.f. 1.4.2004)

For CJI Rs.1,98,000/-p.a. Rs.2,97,000/-p.a.

For other Judges Rs.1,80,000/-p.a. Rs.2,70,000/-p.a.

3

High Court Judges

Maximum pension Existing Revised (w.e.f. 1.4.2004)

Minimum pension Rs.51,190/-p.a Rs.76,785/-p.a.Maximum Pension

For CJI Rs.1,80,000/-p.a. Rs.2,70,000/-p.a.

For other Judges Rs.1,56,000/-p.a. Rs. 2,34,000/-p.a.

The Family Pension for Judges, with effect from April 1,2004, is also proposed to becalculated, as in the case of Central Government employees, at the rate of 50 per cent ofthe salary plus 50 per cent of the Dearness Pay up-to the age of sixty five years of firstseven years of death, whichever is earlier and, thereafter, 30 per cent of salary plus 30per cent of Dearness Pay subject to a minimum of Rs.1913/-.

A Judge of the High Court or of the Supreme Court is entitled, without payment of rent,to the use of official residence. Where a judge does not avail himself of the use of suchresidence, he is paid an allowance of Rs.10,000/- per month.

With the merger of 50 per cent of DA with the basic pay, the House Rent Allowance (HRA)admissible to the Central Government employees, including members of All India Services,has been revised to 30 per cent of basic pay plus 30 per cent of dearness pay, witheffect from April 1, 2004.

On the same analogy, the allowance admissible to the Judges in lieu of Governmentaccommodation, is also required to be revised and fixed at 30 per cent of the salary plus30 per cent of Dearness Pay, with effect from April 1, 2004.

The Chief Justices and Judges are required to hold periodical meetings with brother Judges,Judicial Officers and members of the Bar. Sumptuary allowance is paid to the Judges toentertain the guests at such meetings, with tea, snacks, etc. The rates of sumptuaryallowance were last fixed in 1996. Keeping in view the increase in costs of such items andthe number of dignitaries who call on the Chief Justice of India and the Judges of theSupreme Court and High Courts, especially in view of the globalization trends, the rate ofsumptuary allowance is proposed to be revised w.ef April 1, 2004. The revised rates areas follows:—

Existing Revised (w.e.f. 1.4.2004)

Chief Justice of Supreme Court: Rs.4000/-p.m. Rs.10,000/-p.m.

Judges of Supreme Court Rs.3000/-p.m. Rs.7,500/-p.m.

Chief Justices of High Courts Rs.3000/-p.m. Rs.7,500/-p.m.

Judges of High Courts Rs.2000/-p.m. Rs.6,000/-p.m.

4. Under the provisions of Article 124 (3) (b) of the Constitution, an advocate having ten years’practice can be directly appointed to the Bench of the Supreme Court. However, as per convention,no advocate below the age of 55 years is considered for appointment. As such, Judges appointedunder Article 124 (3) (b) (known as Part-I Judge) can never have enough completed years of service,entitling them to claim full pension. On the other hand, the Judges elevated to the Supreme Courtfrom High Courts normally get full pension, by adding their service rendered in the High Court. Thefollowing table would show the existing/proposed rates of pension of Part-I Judges:—

4

Years of Pension Revised Pension payable Pension payableservice as payable under proposed under as perSupreme present rules pension by the formulation formulation

Court Department of proposed by D/o proposed by M/oJudge Justice without Justice in the Finance (and

addition of Cabinet Note agreed byperiod after adding 10 Committee of

years of service Secretaries)

1 year Rs. 64,030 p.a Rs. 96,045 Rs. 2,41,395 p.a Rs. 96,045 p.a

2 year Rs. 64,030 p.a Rs. 96,045 Rs. 2,63,340 p.a Rs. 96,045 p.a.



5 year Rs. 64,030 p.a Rs. 96,045 Rs. 2,70,000 p.a Rs. l,09,725 p.a

6 year Rs. 64,030 p.a Rs. 96,045 Rs. 2,70,000 p.a Rs. l,31,670 p.a.

7 year Rs. l,02,410 p.a Rs. 1,53,615 Rs. 2,70,000 p.a Rs. l,53,615 p.a.

8 year Rs. l,17,040 p.a Rs. 1,75,560 Rs.2,70,000 p.a Rs. l,75,560 p.a.

9 year Rs. l,31,670 p.a Rs. 1,97,505 Rs.2,70,000 p.a Rs. l,97,505 p.a.

10 year Rs. l,46,300 p.a Rs. 2,19,450 Rs.2,70,000 p.a Rs.2,19,450 p.a.

11 year Rs. l,60,930 p.a Rs. 2,41,395 Rs.2,70,000 p.a Rs. 2,41,395 p.a.



4.1. In view of the foregoing, it was proposed to extend the benefit of adding ten years ofservice to Part-I Judges of the Supreme Court, as it will remove the anomalous position of pensionthat prevails between Part-I and Part-III Judges of the Court in respect of their entitlement topension. This will also serve as an incentive for meritorious, talented and eminent advocates to beappointed as Supreme Court Judges. Further a Part-I Judge of the Supreme Court, retiring withthe service of less than the minimum period, i.e. 7 years, prescribed in the Act required forqualifying for pension, has to forego all the facilities enjoyed during his tenure as Judge and hasto get on with the paltry amount as pension. Keeping in view the above factors, it was proposedto add a period of ten years to the qualifying period of service for pension of a Judge of theSupreme Court, who is directly appointed from the Bar under Article 124(3) (b) of the Constitution,by amending the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.

4.2. It is also pertinent to mention here that since commencement of the Constitution from26th January, 1950 till date, only 4 Judges have been directly appointed to the Supreme Court fromthe Bar.

5. The Committee took into account some suggestions received from individuals and heard theviews of the Secretary-General, Association of Retired Judges of Supreme Court and High Courtof India, Shri Abhimanyu Singh, Retired IAS and Ex-Vice Chancellor and Shri Syed Shahabudddin,Ex. Member of Parliament.

6. The Committee notes that all the suggestions/views expressed by the witnessesindicate concern of the experts as well as the individuals, towards reforms in the Indian

5

Judicial system, of which salaries, allowances and other perks are important constituents.Government has though proposed an increase in pension and other allowances to theJudiciary, as already admissible to Central Government employees, through this legislation,there are certain other issues which need to be addressed and handled promptly. Theseissues have significant bearing on functioning of Judiciary. Concerns have also beenexpressed for some central problems confronting the Judiciary. Huge accumulation ofpending cases in the Supreme Court and High Courts, vacancies of Judges, absence ofnecessary infrastructural facilities, etc., have posed great challenges before the judiciaryand have engaged attention of the Committee for quite sometime. The Committee observeswith optimism that an atmosphere is being created to deal with these problems as part ofjudicial reforms and the enhanced salary and allowances, clubbed with these reforms, maybring noticeable changes, both in the functioning of Judiciary and the perception of thepeople.

7. Viewed in the light of the above observations and the suggestions of the witnesses,the Committee finds it pertinent to impress upon Government to consider the followingissues arising out of the examination of the proposed legislation:—

(i) need to carry out a study for reviewing the existing salary and allowancesstructure of the Judges of Supreme Court and the High Courts;

(ii) examining the feasibility of introducing the pattern of allowances and salary,applicable to the Judges of some advanced countries of the world;

(iii) keeping in view the fact that only one-third Judges of High Courts promotedfrom the Bar become entitled to full pensionary benefits and similarly, many ofthe Judges of the Supreme Court from the Bar do not get full pension, as theyretire before completing the qualifying period for full pension, it is felt thatthe differentiation between the Judges appointed direct and promoted from theBar need to be removed.

(iv) to maintain a healthy tradition of independence of Judiciary, its integrity andaccountability, Judges of Supreme Court and High Courts are provided bettermonetary benefits during their service period, but the same Judges, after theirretirement, have to resort to giving legal opinion or acting as arbitrators forwant of adequate financial support and re-employment opportunities. This issueneeds to be considered with due seriousness and more benefits in the form ofadequate pension or other similar allowances may be possible solution to avoidfrustration in the higher Judiciary.

8. The Committee, having regard to the explanation given by the Secretary, Department ofJustice, and the Statement of Objects and Reasons appended to the Bill, agrees with the proposalsfor increasing pension and other monetary benefits for Judges of the Supreme Court and the HighCourts. The Committee is optimistic that Government would take into consideration theobservations made by it in the preceding paras.

CLAUSE 1, ENACTING FORMULA AND TITLE

9. Clause 1, the enacting Formula and the Title were adopted.

MINUTES

9

RELEVANT MINUTES OF THE MEETINGS OF THE DEPARTMENT-RELATEDPARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC

GRIEVANCES, LAW AND JUSTICE

XXXIXTHIRTY-NINTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 11.00 A.M. on Tuesday, the 22nd June, 2005, in Committee Room No. ‘A’,Ground Floor, Parliament House Annexe, New Delhi.

PRESENT

1. Shri E.M. Sudarsana Natchiappan — Chairman

RAJYA SABHA




LOK SABHA


6. Shri Chhatar Singh Darbar



9. Shri Varkala Radhakrishnan





SECRETARIAT



WITNESSES

I. * * *

II. Representatives of the Department of Legal Affairs, Ministry of Law and Justice

Shri D.R. Meena, Joint Secretary

III. Representatives of All India Federation of Tax Practitioners, Mumbai

Shri K. Shivaram, National President

*** Relate to some other matters.

10

2. * * *

3. * * *

4. * * *

5. * * *

6. Thereafter, the Chairman welcomed the representatives of The All India Federation of TaxPractitioners to give evidence on the National Tax Tribunal Bill. The representatives thanked theCommittee for inviting them on this important Bill. The representatives briefed the Committee thatthe idea for creation of National Tax Tribunal would result in many disadvantageous situation forthe taxpayers. The litigation would become costlier for ordinary taxpayers. The Witness apprisedthe Committee that rise in pending cases in different High Courts was due to the lack of properadministrative care.

7. The witnesses answered the queries raised by the Hon’ble Members.

(Witnesses then withdrew)

8. The Committee adjourned at 1.17 P.M.


11

XLFORTIETH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 11.00 A.M. on Tuesday, the 5th July, 2005, in Committee Room ‘A’,Ground Floor, Parliament House Annexe, New Delhi.

PRESENT


RAJYA SABHA





LOK SABHA




SECRETARIAT




I. WITNESSES

1. Shri Vinod Kumar Bharadwaj, Chairman, Executive Committee, Bar Council of India;

2. Shri S. Radhakrishnan, Secretary, Bar Council of India;

3. Justice A.K. Srivastava, Secretary General, Association of Retired Judges of SupremeCourt and High Court of India;

4. Shri Abhimanyu Singh Retired Officer of Indian Administrative Service;

5. Shri Syed Shahabuddin, Former Member of Parliament.

II. Representatives of Department of Justice, Ministry of Law and Justice

1. Shrimati Gargi Mukerjee, Joint Secretary; and

2. Dr. P.K. Seth, Joint Secretary.

2. * * *

3. * * *

11


12

4. * * *

5. Thereafter, the Chairman welcomed the representatives of the Association of Retired Judgesof Supreme Court and High Courts to make a presentation on the Supreme Court (Salaries andConditions of Service) Amendment Bill, 2005.

6. The representative submitted before the Committee that as far as pension rules wereconcerned, full pension should be given to those Judges who completed 14 years of service. Thewitness drew the attention of the Committee to the fact that the constitutional provision relatingto the appointment of Judges of the Supreme Court and of the High Courts were same i.e. 10years directly to the Supreme Court from the Bar and 10 years diectly to the High Court from theBar. Hence, the 10 years weightage which had been proposed for the Supreme Court Judges shouldalso be extended to the High Court Judges otherwise it would be a discriminatory one.

7. Other witnesses also expressed their views on the various provisions of the Bill.

(The witnesses then withdrew).

8. A verbatim record of the proceedings of the meeting was kept.



13

XLIFORTY-FIRST MEETING

The Committee met at 11.00 A.M. on Thursday, the 14th July, 2005 in Committee Room ‘A’,Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT


RAJYA SABHA




5. Dr. P. C. Alexander


LOK SABHA


8. Shri Harin Pathak



11. Shri A.K. Moorthy


SECRETARIAT




I. WITNESSES

1. Justice G.N. Ray, Chairman, Press Council of India, New Delhi;

2. Justice R.K. Mahajan, Retd. Judge, Allahabad High Court, Shimla;

3. Shri Shanti Bhushan, Advocate, Supreme Court, New Delhi;

4. Shri Prashant Bhushan, Advocate, Supreme Court, New Delhi;

5. Shri Hardev Singh, Advocate, Supreme Court, New Delhi;

6. Shri Arvind P. Datar, Senior Advocate, Madras High Court and President, Revenue BarAssociation, Tamil Nadu;

7. Shri Chittaranjan Satapathy, Member, Customs, Excise and Service Tax AppellateTribunal, Mumbai;

8. Shri V.S. Jayakumar, Advocate, Chennai;

9. Shri K.H. Kazi, President, Income Tax Appellate Tribunal Bar Association, Mumbai.

13

14

II. * * *

III. Representatives of the Department of Justice, Ministry of Law and Justice

Shrimati Gargi Mukerjee, Joint Secretary

IV. Representatives of the Department of Legal Affairs, Ministry of Law and Justice

1. Shri K.D. Singh, Additional Secretary;

2. Shri A.P. Aggarwal, Joint Secretary and Legal Adviser.

V. Representative of the Legislative Department, Ministry of Law and Justice

1. Shri T.K. Viswanathan, Secretary

2. Shri P.B. Singh, Joint Secretary and Legislative Counsel.

2. The Committee reviewed the progress of its examination of the Contempt of Courts(Amendment) Bill, 2004 and the High Court and Supreme Court Judges (Salaries and Conditionsof Service) Amendment Bill, 2005. It also decided to take up for consideration the Action TakenReplies on the 85th Report of the Department Related Parliamentary Standing Committee on HomeAffairs on ‘‘Laws’ Delays: Arrears in Courts’’, in the context of action taken/being taken by theGovernment in the field of ‘‘Judicial Reforms’’, and discussed the issues concerning it. TheMembers were of the view that it would be in the fitness of things if the Committee could interactwith the Chief Justice of India and Judges of the Supreme Court, in the light of the issues beforeit, to the extent they impact upon the functioning of the higher judiciary. The Committee felt thatsuch interaction would help it for fuller and better appreciation of the constraints in the efficientfunctioning of the country’s judicial system, especially the budgetary provisions for the SupremeCourt, and to suggest ways and means for improvement. The Committee, accordingly, proposedto visit the Supreme Court Complex, sometime during the first week of August, 2005, forinteraction with the Chief Justice of India and Supreme Court Judges, on the issues directlyconcerning the higher judiciary which was a critical area in the study of ‘‘Judicial Reforms’’. Itaccordingly authorised its Chairman to approach Hon’ble Chairman, Rajya Sabha for grant ofpermission to its proposed visit and interaction.

3. * * *

4. * * *

5. * * *

6. A verbatim record of the proceedings of the meeting was kept.

7. The Committee adjourned at 1.20 P.M. to meet again at 4.00 on Thursday, the 28th July, 2005.


15

XLIIFORTY SECOND MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 4.00 P.M. on Thursday, the 28th July, 2005, in Committee Room ‘A’,Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT


RAJYA SABHA






7. Shri Tariq Anwar


LOK SABHA


10. Shrimati Bhavani Rajenthiran






SECRETARIAT

Shri Tapan Chatterjee, Joint Secretary



WITNESSES

I. Representatives of the Department of Justice, Ministry of Law and Justice

1. Shri V. K. Duggal, Secretary (Justice) and Home Secretary;

2. Shrimati Gargi Mukerjee, Joint Secretary; and

3. Dr. P. K. Seth, Joint Secretary

II. Representatives of the Legislative Department, Ministry of Law and Justice

1. Shri T.K. Viswanathan, Secretary;

2. Shri B.A. Agarawal, Additional Secretary;

15

16

3. Shri V.K. Bhasin, Joint Secretary and Legislative Counsel; and

4. Shri N.K. Nampoothiry, Joint Secretary and Legislative Counsel.

III. Representatives of the Department of Legal Affairs, Ministry of Law and Justice

1. Shri R.L. Meena, Secretary; and

2. Shri K.D. Singh Additional Secretary.

2. * * *

3. The Committee thereafter, took up the clause-by-clause consideration of the High Court andSupreme Court Judges (Salaries and Conditions of Services) Amendment Bill, 2005. After somediscussions clauses 2 to 11 of the Bill were adopted. Clause Enacting formula and the Title of theBill were also adopted.

4. * * *

5. * * *



17

ANNEXURE

AS INTRODUCED IN LOK SABHA

Bill No. 73 of 2005

THE HIGH COURT AND SUPREME COURT JUDGES (SALARIESAND CONDITIONS OF SERVICE) AMENDMENT BILL, 2005

A

BILL

further to amend the High Court Judges (Salaries and Conditions ofService) Act, 1954 and the Supreme Court Judges (Salaries andConditions of Service) Act, 1958.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic ofIndia as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the High Court and SupremeCourt Judges (Salaries and Conditions of Service) AmendmentAct, 2005.

(2) It shall be deemed to have come into force on the 1st dayof April, 2004.

19

Short title,andcommencement.

5

20

CHAPTER II

AMENDMENTS OF THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF

SERVICE)

ACT, 1954

2. In the High Court Judges (Salaries and Conditions of Service)Act, 1954 (hereinafter referred to as the High Court Judges Act), insection 17A, in sub-section (1),—

(i) after the words ‘‘family pension calculated at therate of fifty per cent of his salary’’, the words ‘‘plus fifty percent of his dearness pay’’ shall be inserted;

(ii) for the words ‘‘and thereafter at the rate of thirtyper cent of his salary subject to a minimum of twelve hundred andseventy-five rupees per month’’, the words ‘‘and thereafter at therate of thirty per cent of his salary plus thirty per cent of hisdearness pay subject to a minimum of one thousand nine hundredand thirteen rupees per month’’ shall be substituted.

3. In section 22A of the High Court Judges Act, in sub-section(2), for the words ‘‘of ten thousand rupees’’, the words ‘‘equivalentto an amount of thirty per cent of the salary plus thirty per centof the dearness pay’’ shall be substituted.

4. In section 22C of the High Court Judges Act, for the words‘‘three thousand’’ and ‘‘two thousand’’, the words ‘‘seven thousandfive hundred’’ and ‘‘six thousand’’ shall respectively be substituted.

5. In the First Schedule to the High Court Judges Act,—

(a) in Part I,—

(i) in paragraph 2,—

(A) in clause (a), for the letters and figures‘‘Rs. 14,630’’, the letters and figures‘‘Rs. 21,945’’ shall be substituted;

(B) in clause (b), for the letters and figures‘‘Rs. 11,150’’, the letters and figures ‘‘Rs. 16,725’’shall be substituted;

(C) in the proviso, for the letters and figures‘‘Rs. 1,80,000’’ and ‘‘Rs. 1,56,000’’, the lettersand figures ‘‘Rs. 2,70,000’’ and ‘‘Rs. 2,34,000’’shall respectively be substituted;

(ii) in paragraph 8, for the letters and figures‘‘Rs. 1,80,000’’, the letters and figures ‘‘Rs. 2,70,000’’shall be substituted;

(iii) in paragraph 9, for the letters and figures‘‘Rs. 51,190’’, the letters and figures ‘‘Rs. 76,785’’ shallbe substituted;

Amendmentof section 17A.

28 of 1954.

Amendmentof section22A.

Amendmentof section22C.

Amendmentof the FirstSchedule.

21

(b) in Part II,—

(i) in the proviso to paragraph 2, for theletters and figures ‘‘Rs. 1,80,000’’ and ‘‘Rs. l,56,000’’,the letters and figures ‘‘Rs. 2,70,000’’ and“Rs. 2,34,000’’ shall respectively be substituted;

(ii) in paragraph 3, for the figures ‘‘11,265’’,‘‘13,520’’, ‘‘15,766’’, ‘‘18,022’’, ‘‘20,280’’ and ‘‘22,533’’,the figures ‘‘16,898’’, ‘‘20,280’’, ‘‘23,649’’, ‘‘27,033’’,‘‘30,420’’ and ‘‘33,799’’ shall respectively besubstituted;

(c) in Part III,—


(A) in clause (b), for the letters andfigures ‘‘Rs. 5,200’’, the letters and figures‘‘Rs. 7,800’’ shall be substituted;

(B) in the proviso, for the letters andfigures ‘‘Rs. 1,80,000’’ and ‘‘Rs. 1,56,000’’,the letters and figures ‘‘Rs. 2,70,000’’ and‘‘Rs. 2,34,000’’ shall respectively be substituted.

CHAPTER III

AMENDMENTS OF THE SUPREME COURT JUDGES (SALARIES AND

CONDITIONE OF SERVICE)

ACT, 1958

6. In section 13 of the Supreme Court Judges (Salaries andConditions of Service) Act, 1958 (hereinafter referred to as theSupreme Court Judges Act), clause (a) shall be omitted.

7. After section 13 of the Supreme Court Judges Act, thefollowing section shall be inserted, namely:—

‘‘13A. Subject to the provisions of this Act, a periodof ten years shall be added to the service of a Judge forthe purposes of his pension, who qualified for appointmentas such judge under sub-clause (b) of clause (3) of article124 of the Constitution.’’.

8. In the Supreme Court Judges Act, in section 16A, insub-section (1),—

(i) in clause (a),—

(A) after the words ‘‘family pension calculatedat the rate of fifty per cent of his salary’’, the words‘‘plus fifty per cent of his dearness pay’’ shall beinserted;

(B) after the words ‘‘and thereafter at the rateof thirty per cent of his salary’’, the words ‘‘plus thirtyper cent of his dearness pay’’ shall be inserted;

41 of 1958.

Amendment ofsection 13.

Insertion ofnew section13A.

Benefit ofadded years ofservice.

Amendment ofsection 16A.

22

(ii) in clause (b), after the words ‘‘family pensionshall be thirty per cent of his salary’’, the words ‘‘plusthirty per cent of his dearness pay’’ shall be inserted.

9. In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words ‘‘of ten thousand rupees’’, the words‘‘equivalent to an amount of thirty per cent of the salary plusthirty per cent of the dearness pay’’ shall be substituted.

10. In section 23B of the Supreme Court Judges Act, forthe words ‘‘four thousand’’ and ‘‘three thousand’’, the words‘‘ten thousand’’ and ‘‘seven thousand five hundred’’ shallrespectively be substituted.

11. In the Schedule to the Supreme Court Judges Act,—

(a) in Part I,—


(A) the words ‘‘and who has completednot less than seven years of service for pensionas a Judge in India’’ shall be omitted;

(B) in clause (b), for tbe letters andfigures ‘‘Rs. 4,020’’, ‘‘Rs. 1,21,880’’ and‘‘Rs. 10,240’’, the letters and figures‘‘Rs. 6,030’’, ‘‘Rs. 1,82,820’’ and ‘‘Rs. 15,360’’shall respectively be substituted;

(C) in the proviso, for the letters andfigures ‘‘Rs. l,98,000’’, the letters and figures‘‘Rs. 2,97,000’’ shall be substituted;

(ii) in paragraph 3,—

(A) the words ‘‘and who has completednot less than seven years of service for pensionas a Judge in India’’ shall be omitted;

(B) in the proviso, for the letters andfigures ‘‘Rs. 1,80,000’’, the letters and figures‘‘Rs. 2,70,000’’ shall be substituted;

(iii) paragraph 5 shall be omitted;

(b) in Part II,—



(B) in the proviso, for the letters andfigures ‘‘Rs. 1,98,000’’ and ‘‘Rs. 1,80,000’’,the letters and figures ‘‘Rs. 2,97,000’’ and‘‘Rs. 2,70,000’’ shail respectively be substituted;

Amendmentof section 23.

Amendmentof section 23B.

Amendmentof theSchedule.

23

(c) in Part III,—



(B) in the proviso, for the letters andfigures ‘‘Rs. 1,98,000’’ and ‘‘Rs. 1,80,000’’,the letters and figures ‘‘Rs. 2,97,000’’ and‘‘Rs. 2,70,000’’ shall respectively be substituted.

24

STATEMENT OF OBJECTS AND REASONS

In case of all Central Government employees, including members of All-India Services, 50 per cent of the Dearness Allowance (DA) was merged withthe basic pay with effect trom April 1, 2004. This is now separately shown asDearness Pay (DP), which is counted for purposes like payment of allowancesincluding House Rent Allowance (HRA), transfer grant, retirement benefits,contribution of GPF and various advances, etc.

Similarly, in case of pensioners, Dearness Relief equal to 50 per cent ofthe pension has, with effect from 1-4-2004 been merged with pension andshown distinctly as Dearness Pension. This has resulted in the increase in basicpension of the Central Government employees by 1.5 times.

2. In view of the above, a necessity is felt to increase the pension,additional pension and maximum pension of the Judges of the High Courts andSupreme Court by 1.5 times.

The family pension for Judges, with effect from 1-4-2004, is alsoproposed to be calculated, as in the case of Central Government employees, atthe rate of 50 per cent of the salary plus 50 per cent of the Dearness Pay upto the age of sixty-five years or first seven years of death whichever is earlierand thereafter 30 per cent of salary plus 30 per cent of Dearness Pay subjectto a minimum of, Rs. 1,913/-.

3. With the merger of 50 per cent of DA with the basic pay, the HouseRent Allowance (HRA) admissible to the Central Government employees,including members of All-India Services has been revised to 30 per cent of basicpay plus 30 per cent of Dearness Pay, with effect from April 1,2004.

On the same analogy, the allowance admissible to the Judges in lieu ofGovernment accommodation, is also required to be revised and fixed at 30 percent of the Salary plus 30 per cent of Dearness Pay with effect fiom 1-4-2004.

4. Rates of sumptuary allowance admissible to the Judges of High Courtsand Supreme Court are also proposed to be revised with effect from April 1, 2004.

5. Under the provisions of article 124(3)(b) of the Constitution, anAdvocate having ten years practice can be directly appointed to the Bench of theSupreme Court. Generally, no Advocate below the age of 55 years is consideredfor appointment. These Judges get pension under Part I of the Schedule toSupreme Court Judges (Salaries and Conditions of Service) Act, 1958. Theysometimes cannot even complete seven years of service required for eligibility ofpension. As such they are entitled to a fixed amount as pension. For such Judgesit is proposed to dispense with the condition of seven years of service and toadd a period of ten years to the qualifying period of service for pension.

6. The Bill seeks to amend the High Court Judges (Salaries andConditions of Service) Act, 1954 and the Supreme Court Judges (Salaries andConditions of Service) Act, 1958 to achieve the above objects.

NEW DELHI; H.R. BHARDWAJ.The 9th May, 2005.

25

FINANCIAL MEMORANDUM

Clauses 2 and 8 of the Bill seek to amend section 17A(1) of the HighCourt Judges (Salaries and Conditions of Service) Act, 1954 (hereinafter referredto as the High Court Judges Act) and section 16A(1) of the Supreme CourtJudges (Salaries and Conditions of Service) Act, 1958 (hereinafter referred to asthe Supreme Court Judges Act), so as to revise the rate of Family Pension andfix it at 50 per cent of the salary plus 50 per cent of Dearness Pay up to theage of sixty-five years or first seven years of death whichever is earlier andthereafter 30 per cent of salary plus 30 per cent of Dearness Pay. The proposaldoes not involve any substantial financial implications as there are only fewfamily pensioners.

2. Clauses 3 and 9 of the Bill seek to amend section 22A(2) of the HighCourt Judges Act and section 23(1A) of the Supreme Court Judges Act,respectively, to revise the rate of allowance admissible to the judges in lieu ofGovernment accommodation with effect from April 1, 2004. The revised rate ofallowance will be 30 per cent of the salary plus 30 per cent of Dearness Pay.The additional expenditure shall be borne mainly by the State Governments. TheCentral Government will have to meet the additional expenditure in respect of theJudges of Supreme Court, Delhi High Court and about 6 per cent of theexpenses in respect of Judges of Punjab and Haryana High Court. At present allthe Judges of Supreme Court and Delhi High Court are provided with officialresidences. Hence, there would be no additional expenditure to be borne by theCentral Government.

3. Clauses 4 and 10 of the Bill seek to amend section 22C of the HighCourt Judges Act, and section 23B of the Supreme Court Judges Act,respectively, to revise the rates of sumptuary allowance admissible to the Judgesof High Courts and Supreme Court with effect from 1st day of April, 2004. Theadditional expenditure in respect of the Judges of Supreme Court, Delhi HighCourt and about 6 per cent in respect of Judges of Punjab and Haryana HighCourt will be borne by the Central Government and will be charged on theConsolidated Fund of India. For other High Courts the additional expenditure willbe borne by the respective State Governments. The approximate recurringexpenditure of the Central Government, on this account, would be Rs.30.00 lakhsper annum.

4. Clauses 5 and 11 of the Bill seek to amend the First Schedule to theHigh Court Judges Act, and the Schedule to the Supreme Court Judges Act,respectively, to revise the rates of pension, additional pension and total pensionof the Judges with effect from 1st day of April, 2004. The additional expenditurein respect of the Judges of Supreme Court, Delhi High Court and about 6 percent in respect of Judges of Punjab and Haryana High Court will be borne bythe Central Government and will be charged on the Consolidated Fund of India.For other High Courts the additional expenditure will be borne by the respectiveState Governments. The approximate recurring expenditure of the CentralGovernment would be Rs. 30.00 lakhs per annum.

26

5. Clauses 6 and 7 of the Bill seek to amend the provision to dispensewith the condition of seven years of service and to add a period of ten yearsto the qualifying period of service for pension in case of Part I Judges ofSupreme Court. The proposal does not involve any substantial financialimplications as at present there is only one judge under this category. Theapproximate recurring expenditure of the Central Government, on this account,would be about Rs. 2.00 lakhs per annum. This will be charged on theConsolidated Fund of India.

6. The Bill does not involve any other expenditure of either recurring ornon-recurring nature.

27

ANNEXURE

EXTRACTS FROM THE HIGH COURT JUDGES (SALARIES AND CONDITIONS

OF SERVICE) ACT, 1954(28 OF 1954)

* * * * *

17 A. (1) Where a Judge who, being in service on or after thecommencement of the High Court and Supreme Court Judges(Conditions of Service) Amendment Act, 1986, dies, whether before orafter retirement in circumstances to which section 17 does not apply,family pension calculated at the rate of fifty per cent of his salary onthe date of his death shall be payable to the person or persons entitledthereto and the amount so payable shall be paid from the day followingthe date of death of the Judge for a period of seven years or for aperiod up to the date on which the Judge would have attained the ageof sixty-five years, had he survived, whichever is earlier, and thereafterat the rate of thirty per cent of his salary subject to a minimum oftwelve hundred and seventy-five rupees per month:

Provided that in no case the amount of family pension calculatedunder this sub-section shall exceed the pension payable to the Judgeunder this Act.

Explanation.—For the purposes of determining the person orpersons entitled to family pension under this sub-section,—

(i) in relation to a Judge who elects or is eligible toreceive pension under Part I of the First Schedule, the rules,notifications and orders for the time being in force with regardto the person or persons entitled to family pension in relation toan officer of the Central Civil Services, Group ‘A’, shall apply;

(ii) in relation to a Judge who elects to receive pensionunder Part II or Part III of the First Schedule, the Ordinaryrules of his service if he had not been appointed a Judge withrespect to the person or persons entitled to family pension shallapply and his service as a Judge being treated as service therein.

(2) Where any Judge, who has elected to receive the pensionpayable to him under Part II or Part III of the First Schedule, retires,or dies in circumstances to which section 17 does not apply, gratuity,if any, shall be payable to the person or persons entitled thereto underthe ordinary rules of his service if he had not been appointed a Judge,his service as a Judge being treated as service therein for the purposeof calculating that gratuity.

22A.(1) * * * * *

(2) Where a Judge does not avail himself of the use of anofficial residence he may be paid every month an allowance of tenthousand rupees.

Familypensions andgratuities.

27

Facility ofrent-freehouses.

28

* * * * *

22C. The Chief Justice and each of the other Judges of everyHigh Court shall be entitled to a sumptuary allowance of three thousandrupees per month and two thousand rupees per month, respectively.

* * * * *

THE FIRST SCHEDULE(See sections 14 and 15)

PENSIONS OF JUDGES

PART I

* * * * *

2. Subject to the other provisions of this Part, the pensionpayable to a Judge to whom this Part applies and who has completednot less than seven years of service for pension shall be,—

(a) for service as Chief Justice in any High Court,Rs. 14,630 per annum for each completed year of service;

(b) for service as any other Judge in any High Court,Rs. 11,150 per annum for each completed year of service:

Provided that the pension under this paragraph shall in no caseexceed Rs. 1,80,000 per annum in the case of a Chief Justice andRs. 1,56,000 per annum in the case of any other Judge.

* * * * *

8. Notwithstanding anything contained in the foregoing provisionsof this Part, the pension payable to a Judge who has completedfourteen years of service for pension, including not less than six yearsof service as Chief Justice of one or more of the High Courts, shallbe Rs. 1,80,000 per annum.

9. Where a Judge to whom this Part applies retires or hasretired at any time after the 26th January, 1950 without being eligiblefor a pension under any other provision of this Part, then,notwithstanding anything contained in the foregoing provisions, pensionof Rs. 51,190 per annum shall be payable to such a Judge:

Provided that nothing in this paragraph shall apply—

(a) to an additional Judge or acting Judge; or

(b) to a Judge who at the time of his appointment is inreceipt of a pension (other than a disability or wound pension)in respect of any previous service under the Union or a State.

* * * * *

PART II

* * * * *

2. The pension payable to such a Judge shall be—

Sumptuaryallowance.

29

(a) the pension to which he is entitled under the ordinaryrules of the Indian Civil Service if he had not been appointed aJudge, his service as a Judge being treated as service thereinfor the purpose of calculating that pension; and

(b) the additional pension, if any, to which he is entitledunder paragraph 3:

Provided that the pension under clause (a) and the additionalpension under clause (b) together shall in no case exceed Rs. 1,80,000per annum in the case of a Chief Justice and Rs. 1,56,000 per annumin the case of any other Judge.

3. If such a Judge has completed not less than seven years ofservice for pension in a High Court, he shall be entitled to an additionalpension in accordance with the following scale:—

Per annum

(i) for seven completed years of service for Rs.11,265/-pension

(ii) for eight completed years of service for Rs.13,520/-pension

(iii) for nine completed years of service for Rs.15,766/-pension

(iv) for ten completed years of service for Rs.18,022/-pension

(v) for eleven completed years of service for Rs.20,280/-pension

(vi) for twelve or more completed years of Rs.22,533/-service for pension

PART III

* * * * *


(a) the pension to which he is entitled under the ordinaryrules of his service if he had not been appointed a Judge, hisservice as a Judge being treated as service therein for thepurpose of calculating that pension; and

(b) a special additional pension of Rs. 5,200/- per annumin respect of each completed year of service for pension:

Provided that the pension under clause (a) and the additionalpension under clause (b) together shall in no case exceed Rs. 1,80,000per annum in the case of Chief Justice and Rs. 1,56,000/- per annumin the case of any other Judge.

30

EXTRACTS FROM THE SUPREME COURT JUDGES (SALARIES AND

CONDITIONS OF SERVICE)ACT, 1958

(41 OF 1958)

* * * * *

13. Subject to the provisions of this Act, a pension shall bepayable in accordance with the provisions of Part-I of the Scheduleto a Judge of the Supreme Court on his retirement if, but only if—

(a) he has completed not less than seven years of servicefor pension as a Judge in India; or

(b) he has attained the age of sixty-five years; or

(c) his retirement is medically certified to be necessitatedby ill health.

Explanation.—In this section, ‘Judge’ means a Judge who isnot a member of the Indian Civil Service or has not held any otherpensionable post under the Union or a State and includes a personwho was in service as a Judge on the 20th May, 1954, and alsoincludes a Judge who being a member of the Indian Civil Service orhaving held and other pensionable post under the Union or a State haselected to receive the pension payable under Part-I of the Schedule.

* * * * *

16A. (1) Where a Judge who, being in service on or after thecommencement of the High Court and Supreme Court Judges(Conditions of Service) Amendment Act, 1986—

(a) dies before retirement, family pension calculated atthe rate of fifty per cent of his salary on the date of his deathshall be payable to the person or persons entitled thereto and theamount so payable shall be paid from the day following the dateof death of the Judge for a period of seven years or for aperiod up to the date on which the Judge would have attainedthe age of sixty-five years, had he survived, whichever isearlier, and thereafter at the rate of thirty per cent of his salary;

(b) dies after retirement on attaining the age of sixty-fiveyears, family pension shall be thirty per cent of his salary andshall be payable to the person or persons entitled thereto; and

(c) dies after retirement after seeking premature retirementand before attaining the age of sixty-five years, family pensionshall be calculated at the rate specified in clause (a) and shallbe payable to the person or persons entitled thereto:

Provided that in no case the amount of family pensioncalculated under this sub-section shall exceed the pension payableto the judge under this Act.

Explanation.—For the purposes of determining the person orpersons entitled to family pension under this sub-section,—

Pensionpayable toJudges.

Familypension andgratuity.

38 of 1986.

31

(i) in relation to a Judge who elects or is eligible toreceive pension under Part I of the Schedule, the rules,notifications and orders for the time being in force with regardto the person or persons entitled to family pension in relation toan officer of the Central Civil Services Group ‘A’, shall apply;

(ii) in relation to a Judge who elects to receive pensionunder Part II or Part III of the Schedule, the ordinary rules ofhis service if he had not been appointed a Judge with respectto the person or persons entitled to family pension shall applyand his service as a Judge being treated as service therein.

23. (1) * * * * *

‘‘(1A) Where a Judge does not avail himself of the useof an official residence, he may be paid every month anallowance of ten thousand rupees.

* * * * *

23B. The Chief Justice and each of the other Judge shall beentitled to a sumptuary allowance of four thousand rupees per monthand three thousand rupees per month, respectively.

* * * * *

Facilities forrent-free housesand otherconditions ofservice.

SumptuaryAllowance.

32

THE SCHEDULE

(See sections 13 and 14)

PENSIONS OF JUDGES

PART I

* * * * *

2. Subject to the provisions of this Part, the pension payable toa Chief Justice to whom this Part applies and who has completed notless than seven years of service for pension as a Judge in India shallbe an amount equal to the sum of the following amounts, that is tosay,—

(a) an amount equal to the pension which would havebeen payable to him in accordance with the scale and provisionsif Part I of the First Schedule to the High Court Judges(Salaries and Conditions of Service) Act, 1954 if his service asa Judge had been rendered as the Chief Justice of a High Court;

(b) additional amount of Rs. 4,020/- per annum for eachcompleted year of service as the Chief Justice of the SupremeCourt until he has become entitled to a pension of Rs.1,21,880/-per annum and thereafter an additional amount of Rs.10,240/-for each completed year of such service:

Provided that the aggregate amount of his pension shall in nocase exceed Rs. 1,98,000/- per annum.

3. The pension payable to any other Judge to whom this Partapplies and who has completed not less than seven years of servicefor pension as a Judge in India shall be an amount equal to thepension which would have been payable to him in accordance withscale and provisions in Part I of the First Schedule to the High CourtJudges (Salaries and Conditions of Service) Act, 1954, if his serviceas a Judge had been rendered as the Chief Justice of a High Court:

Provided that the pension under this paragraph shall in no caseexceed Rs. 1,80,000 per annum.

* * * * *

5. Where a Judge, to whom this Part applies retires withoutbeing eligible for a pension under any other provision of this Part,then, notwithstanding anything contained in the foregoing provisions,a pension of Rs. 64,030 per annum shall be payable to such a Judge:

Provided that nothing in this paragraph shall apply to a Judgewho at the time of his appointment is in receipt of a pension (otherthan a disability or wound pension) in respect of any previous serviceunder the Union or a State.

32

28 of 1954.

28 of 1954.

33

PART II

* * * * *

2. The pension payable to such a Judge shall be:

(a) the pension to which he is entitled under the ordinaryrules of the Indian Civil Service, if he had not been appointedas a Judge, his service as a Judge in India being treated asservice therein, and

(b) an additional pension of Rs. 11,265 per annum foreach completed year of service of pension in the SupremeCourt:

Provided that the pension under clause (a) and the additionalpension under clause (b) together shall in no case exceed Rs. 1,98,000per annum in the case of a Chief Justice and Rs, 1,80,000 per annumin the case of any other judge.

PART III

* * * * *


(a) the pension to which he is entitled under the ordinaryrules of his service of he had not been appointed a Judge, hisservice as a Judge in India being treated as service therein forthe purpose of calculating that pension;

(b) a special additional pension of Rs. 5,200/- per annumin respect of each completed year of service for pension as aJudge in India:

Provided that the pension under clause (a) and additional pensionunder clause (b) together with shall in no case exceed Rs. 1,98,000per annum in the case of a Chief Justice and Rs. 1,80,000 per annumin the case of any other Judge.

34

34

LOK SABHA

A

BILL

further to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 andthe Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.

(Shri H.R. Bhardwaj, Minister of Law and Justice)

35

35

LIST OF PERSONS WHO TENDERED ORAL EVIDENCE ON THE BILL

Sl. No. Name/Organization Date of appearing before the Committee

1 2 3

1. Shri K. Shivaram, 22.6.2005National President,All India Federation of TaxPractitioners, Mumbai.

2. Shri Vinod Kumar Bharadwaj, 05.07.2005Chairman, Executive Committee,Bar Council of India.

3. Shri S. Radhakrishnan, 05.07.2005Secretary,Bar Council of India.

4. Justice A.K. Srivastava, 05.07.2005Secretary General,Association of Retired Judges ofSupreme Court and High Court of India.

5. Shri Abhimanyu Singh, 05.07.2005Retired Officer of IndianAdministrative Service.

6. Shri Syed Shahabuddin, 05.07.2007Former Member of Parliament,

7. Justice G.N. Ray, 14.07.2005Chairman, Press Council of India,New Delhi.

8. Justice R.K. Mahajan, 14.07.2005Reted. Judge, Allahabad High Court,Shimla.

9. Shri Shanti Bhushan, 14.07.2005Advocate,Supreme Court, New Delhi.

10. Shri Prashant Bhushan, 14.07.2005Advocate,Supreme Court, New Delhi.

11. Shri Hardev Singh, 14.07.2005AdvocateSupreme Court, New Dehhi.

36

1 2 3

12. Shri Arvind P. Datar, 14.07.2005Senior Advocate,Madras High Court & President,Revenue Bar Association,Tamil Nadu.

13. Shri Chittaranjan Satapathy, 14.07.2005Member, Customs,Excise and Service Tax AppellateTribunal, Mumbai.

14. Shri V.S. Jayakumar, 14.07.2005Advocate,Chennai.

15. Shri K.H. Kazi, 14.07.2005President, Income Tax AppellateTribunal Bar Association, Mumbai.

Printed at : Bengal Offset Works, 335, Khajoor Road, Karol Bagh, New Delhi-110005.

PARLIAMENT OF INDIA RAJYA SABHA - … PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED...

Documents

Transcript of PARLIAMENT OF INDIA RAJYA SABHA - … PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED...