tHE
SUPREME COURT JUDGES
(SALARIES AND CONDITIONS OF
SERVICE) AMENDMENT bILL, 2002
a
BILL
further to amend the Supreme Court Judges (Salaries and Conditions of
Service)
Act, 1958.
Be it enacted by Parliament in the Fifty-third Year of the
Republic of India as follows:—
1. Short
title.-This Act may be called the Supreme Court Judges (Salaries and Conditions
of Service) Amendment Act, 2002.
2. Insertion of
new section 14A.-In the Supreme Court Judges (Salaries and Conditions of
Service) Act, 1958 (41 of 1958), after section 14, the following section shall
be inserted, namely:—
“14A. Benefit of added years of service.-Subject to
the provisions of this Act, a period of five years shall be added to the service
of a Judge for the purposes of his pension, who qualified for appointment as
such judge under sub-clause (b) of clause (3) of article 124 of
the Constitution and has elected to receive the pension payable to him, under
Part I of the Schedule, on his retirement.”.
STATEMENT OF
OBJECTS AND
REASONS
The Supreme Court Judges (Salaries
and Conditions of Service) Act, 1958 (41 of 1958) was enacted to regulate the
salaries and certain conditions of service of the Judges of the Supreme Court.
An advocate having practice of at least ten years in a High Court or in two or
more such Courts in succession can directly be appointed as a Judge of the
Supreme Court under the provisions of sub-clause (b) of clause (3) of article
124 of the Constitution. As per the convention, no such advocate below the age
of 55 years is normally considered for appointment as a Judge of the Supreme
Court. The pension to a Part I Judge (who is elevated from the Bar) is payable
in accordance with the provisions of section 13 read with Part I of the Schedule
to the said Act, and accordingly, the maximum pension of Rs. 1,80,000 per annum
is payable to a Judge of the Supreme Court after he renders a minimum service of
13 years (at the rate of Rs. 14,630 for each completed year of service on his
retirement). It is felt that Part I Judges can never have enough completed years
of service entitling them to earn full pension. In the case of Judges not
completing 7 years of minimum service, a fixed amount of Rs. 64,030 per annum is
payable as pension.
2. A former Chief Justice of India, while forwarding
a representation from one such Judge, suggested that provision be made for grant
of pension to such Judges by adding about 7 to 10 years period to the tenure of
service rendered in the Supreme Court.
3. To remove anomaly between Part I
and Part III Judges of the Supreme Court as regards their entitlement to pension
and to give incentive to the eminent advocates who are meritorious and talented to come forward to be
appointed as Supreme Court Judges, it is proposed to amend the said Act to
provide five years added benefit of service to a Judge of the Supreme Court for
the purpose of his pension.
4. The Bill seeks to achieve the
above object.
New
Delhi;
ARUN
JAITLEY.
The 22nd April,
2002.
—————
PRESIDENT'S
RECOMMENDATION UNDER ARTICLE 117 OF THE
CONSTITUTION OF
INDIA
————
[Copy of letter No.
L-11016/4/2000-Jus. dated the 3rd May, 2002 from Shri Arun Jaitley, Minister of
Law, Justice and Company Affairs to the Secretary-General, Lok
Sabha]
The President, having been informed
of the subject matter of the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Bill, 2002, recommends the introduction and consideration of
the Bill in Lok Sabha under article 117(1) and (3) of the Constitution of
India.
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to insert
a new section 14A, after section 14 of the Supreme Court Judges (Salaries and
Conditions of Service) Act, 1958 so as to provide benefit of adding a period of
5 years to the service for pension of a Part I Judge of the Supreme Court
appointed from the Bar under article 124(3)(b) of the Constitution. The proposal
does not involve any substantial financial implication as the number of Part I
Judges of the Supreme Court is very few. The expenditure in respect of the
Judges of the Supreme Court is to be borne by the Central Government and is
charged on the Consolidated Fund of India. The approximate recurring expenditure
of the Central Government would not be more than rupees 3 lakhs per
annum.
2. The Bill does not involve any
other expenditure of either recurring or non-recurring
nature.