SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970

Preamble 1 - THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970

THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970

[Act, No. 28 of1970]

[9th August, 1970]

PREAMBLE

An Act to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters.

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:--

Section 1 - Short title and extent

(1)     This Act may be called The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

 

(2)     It extends to the whole of India [1] [* * * * *].

 

Section 2 - Enlarged appellate Jurisdiction of Supreme Court in regard to criminal matters

Without prejudice to the powers conferred on the Supreme Court by clause (1) of Art. 134 of the Constitution, an appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court--

(a)      has on appeal reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years;

 

(b)      has withdrawn for trial before itself any case from any Court Subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

Statement of Objects and Reasons - SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970

STATEMENT OF OBJECTS AND REASONS

1.        Under the Supreme Court Judges (Conditions of Service) Act, 1958, when a Judge of the Supreme Court avails of leave on full allowances, he is entitled to full salary (equal to monthly rate of pay) for the first 45 days and leave allowance at the rate of Rs. 2,220 per month for the rest of such leave. The maximum period of leave on full allowances which may be granted at one time is five months. Consequently, if a Judge is forced to take Fong leave for reasons of ill-health, he has to avail of leave on half allowances during which period he is entitled to an allowance at the rate of Rs. 1,110 per month only. To give some relief in such cases, it is proposed to extend to the Judges of the Supreme Court the facility of commuting leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the entire service as Judge, an the analogy of the provision for "commuted leave" obtaining in the case of Central Government employees.

 

2.        The Bill seeks to amend the Supreme Court Judges (Conditions of Service) Act, 1958 to achieve the above objective.