HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND
CONDITIONS OF SERVICE) AMENDMENT ACT, 2018 THE HIGH COURT AND
SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 2018 [Act No. 10 of 2018] [25th January, 2018] An Act further to
amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and
the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. Be
it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:-- (1) This Act may be called the High Court and Supreme
Court Judges (Salaries and Conditions of Service) Amendment Act, 2018. (2) Sections 2, 5, 6 and 9 shall be deemed to have come
into force on the 1st day of January, 2016. Sections 3 and 7 shall be deemed to
have come into force on the 1st day of July, 2017. Sections 4 and 8 shall be
deemed to have come into force on the 22nd day of September, 2017. In
the High Court Judges (Salaries and Conditions of Service) Act, 1954 (28 of
1954) (hereinafter referred to as the High Court Judges Act), in section 13A
Preamble - HIGH COURT AND SUPREME COURT
JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 2018PREAMBLE
(a) in sub-section (1), for the words "ninety
thousand rupees per mensem", the words "two lakh fifty thousand
rupees per mensem" shall be substituted;
(b) in sub-section (2), for the words "eighty
thousand rupees per mensem", the words "two lakh twenty-five thousand
rupees per mensem" shall be substituted.
Section 3 - Amendment of section 22A
In section 22A of the High Court Judges Act, for sub-section
(2), the following sub-section shall be substituted, namely:--
"(2)
Where a Judge does not avail himself of the use of an official residence, he
may be paid every month an allowance equivalent to an amount of twenty-four per
centum of the salary which shall be increased at the rate of--
(a) twenty-seven per centum, when Dearness Allowance
crosses twenty-five per centum; and
(b) thirty per centum, when Dearness Allowance crosses
fifty per centum.
Section 4 - Amendment of section 22C
In
the High Court Judges Act, in section 22C,
for the words "fifteen thousand" and "twelve thousand", the
words "thirty-four thousand" and "twenty-seven thousand"
shall respectively be substituted.
Section 5 - Amendment of First Schedule
In
the First Schedule to the High Court Judges Act,--
(a) in Part I, in paragraph 2,--
(A) in clause (a), for the letters and figures
"Rs. 43,890", the letters and figures "Rs. 1,21,575" shall
be substituted;
(B) in clause (b), for the letters and figures
"Rs. 34,350", the letters and figures "Rs. 96,524" shall be
substituted;
(C) in the proviso, for the letters and figures
"Rs. 5,40,000" and "Rs. 4,80,000", the letters and figures
"Rs. 15,00,000" and "Rs. 13,50,000" shall respectively be
substituted;
(b) In Part III, in paragraph 2,--
(A) in clause (b), for the letters and figures
"Rs. 16,020", the letters and figures "Rs. 45,016" shall be
substituted;
(B) in the proviso, for the letters and figures
"Rs. 5,40,000" and "Rs. 4,80,000", the letters and figures
"Rs. 15,00,000" and "Rs. 13,50,000" shall respectively be
substituted.
Section 6 - Amendment of section 12A
In
the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of
1958) (hereinafter referred to as the Supreme Court Judges Act), in section 12A,--
(a)
in
sub-section (1), for the words "one lakh rupees per mensem", the
words "two lakh eighty thousand rupees per mensem" shall be
substituted;
(b)
in
sub-section (2), for the words "ninety thousand rupees per mensem",
the words "two lakh fifty thousand rupees per mensem" shall be
substituted.
Section 7 - Amendment of section 23
In section 23 of the Supreme Court Judges Act, for
sub-section (1A), the following sub-section shall be substituted, namely:--
"(1A)
Where a Judge does not avail himself of the use of an official residence, he
may be paid every month an allowance equivalent to an amount of twenty-four per
centum of the salary which shall be increased at the rate of--
(a) twenty-seven per centum, when Dearness Allowance
crosses twenty-five per centum; and
(b) thirty per centum, when Dearness Allowance crosses
fifty per centum.".
Section 8 - Amendment of section 23B
In section 23B of the Supreme Court Judges Act, for the
words "twenty thousand" and "fifteen thousand", the words
"forty-five thousand" and "thirty-four thousand" shall
respectively be substituted.
Section 9 - Amendment of the Schedule
In
the Schedule to the Supreme Court Judges Act,--
(a) in Part I,--
(i) in paragraph 2--
(A) in clause (b), for the letters and figures
"Rs. 12,180", "Rs. 3,69,300", and "Rs. 31,030",
the letters and figures "Rs. 34,104", "Rs. 10,34,040", and
"Rs. 86,884" shall respectively be substituted;
(B) in the proviso, for the letters and figures
"Rs. 6,00,000", the letters and figures "Rs. 16,80,000"
shall be substituted;
(ii) in paragraph 3, in the proviso, for the letters and
figures "Rs. 5,40,000", the letters and figures "Rs.
15,00,000" shall be substituted;
(b) in Part III, in paragraph 2,--
(A) in clause (b), for the letters and figures
"Rs. 16,020", the letters and figures "Rs. 45,016" shall be
substituted;
(B) in the proviso, for the letters and figures
"Rs. 6,00,000" and "Rs. 5,40,000", the letters and figures
"Rs. 16,80,000" and "Rs. 15,00,000" shall respectively be
substituted.
Statement of Objects and Reasons - High
Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment
Bill, 2018
STATEMENT OF OBJECTS
AND REASONS
1.
The
salaries, allowances and pensions of the Judges of the Supreme Court and High
Court were last revised with effect from 1st January, 2006, as per the High
Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment
Act, 2009. The Seventh Central Pay Commission recommended revision in the
salaries and Pensionary benefits of the Central Government employees including
the members of All India Services. The Government has accepted the majority of
the recommendations of the Commission and issued orders. The revised pension
rules have come into force on the 1st day of January, 2016.
2.
The
need to increase the salaries, allowances and pension of the Judges of the
Supreme Court and the High Courts has been necessitated because of the increase
in the salaries, allowances and pensions of the Central Government employees on
acceptance of the recommendations of the Seventh Central Pay Commission by the
Government.
3.
The
High Court and Supreme Court Judges (Salaries and Conditions of Service)
Amendment Bill, 2017 seeks to revise the salaries of the Judges with effect
from the 1st day of January, 2016, as follows:-
Chief Justice of India - from Rs. 1,00,000/- per
month to Rs. 2,80,000/- per month
Judges of Supreme Court - from Rs. 90,000/- per
month to Rs. 2,50,000/- per month
Chief Justice of High Court - from Rs. 90,000/- per
month to Rs. 2,50,000/- per month
Judges of the High Court - from Rs. 80,000/- per
month to Rs. 2,25,000/- per month
The Bill also seeks to revise the rates of House
Rent Allowance with effect from 1st July, 2017 and the rates of sumptuary
allowance with effect from 22nd day of September, 2017.
4.
The
rates of pension of the Judges of the High Court and the Supreme Court were
last enhanced with effect from the 1st January, 2006 by the High Court and
Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2009.
The Seventh Central Pay Commission recommended revision in the pay and
pensionary benefits of the Central Government employees including the members
of the All India Services. The revised pension rules have come into force on
the 1st day of January, 2016. It is, therefore, necessary to increase suitably
the existing pension and maximum pension of the Judges of the High Courts and
the Supreme Court.
5.
Based
on the recommendations of the Seventh Central Pay Commission, the Central
Government has decided to grant additional quantum of pension and family
pension with reference to the age of the Central Government pensioner and
family pensioner. On the same analogy, it has been decided to extend the
similar benefit to all retired Judges.
6.
The
Bill seeks to achieve the above objectives.