Lok Sabha has passed The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015.
The Bill amends the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 and the High Court Judges (Salaries and Conditions of Service) Act, 1954.
The Lok Sabha on December 7 passed a bill amending the law on salaries and service conditions of Supreme Court and high court judges to “bring in uniformity in pensions and other conditions of service of the judges. Replying to the discussion on the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015, Law Minister D.V. Sadananda Gowda said it was not brought in under any pressure from anybody and all the suggestions made by members were “well-taken”.
About the Bill:
- This (the Bill) was brought in under Article 175 (of the constitution) to ensure that there is no discrimination (in salaries, pensions and other service conditions of the judges of the two courts).
- The government has no separate proposal to increase salaries or pensions of the judges as the Seventh Central Pay Commission recommendations would take care of it.
- On having Supreme Court benches in other parts of the country, several MPs have talked about it with him but there was no proper proposal was made in this regard, and unless the matter is initiated by chief justice of the high court and chief minister of the state concerned, no action can be taken.
- On the National Judicial Appointments Commission (NJAC) Act, 2014, which was struck down by the Supreme Court on October 16, the minister said the matter of how judges were to be appointed was being looked into as the collegium system of appointment was once again declared as operational.
Key features of Bill:
- The Bill aims at removing anomalies in pensionary benefits of High Court judges elevated from the bar.
- Seeks to bring uniformity and do away with the indiscrimination of salaries and pensions for judges elevated from the Bar.
- Pension payable to HC judges: For the purpose of providing pension, a period of 10 years will be added from April 2004 to the service of a Judge. This provision would be applicable to a HC judge who has been an advocate of a HC for at least 10 years.
- Casual leave for SC and HC judges: The casual leave for SC and HC judges will be computed in a manner to be prescribed. The previous 1954 and 1958 Acts provided leave to judges on full allowances and half allowances respectively.
- Leave allowances of HC judges: Henceforth Judges would have the option of availing leave on partly full and partly half allowances or full allowances, half allowances specified in the 1954 and 1958 Acts.
- Joining time allowance for HC judges: Deletion of provision in 1954 Act that provides for an allowance at the rate of Rs.1110 per month instead of salary to HC judges in relation to joining time on his return from leave out of India.