In recent news, the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021, has been proposed in the Lok Sabha. The bill aims to bring modifications to the High Court Judges (Salaries and Conditions of Service) Act, 1954, as well as the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. The amendments revolve around the conditions under which Supreme Court and High Court judges are eligible for an additional quantum of pension or family pension upon reaching certain age milestones.
Objectives and Key Aspects of the Amendment Bill
The bill is designed to provide clarity regarding when Supreme Court and High Court judges are entitled to a boost in their pension or family pension. It stipulates that the implementation of pension increases should occur from the first day of the month in which the judge attains the specified age, rather than from the first day of their entering that age bracket.
Implications of Current Provisions
The current provisions under the High Court Judges (Salaries and Conditions of Service) Act, 1954, as well as the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 govern the salaries and conditions of service for India’s judiciary. Amendments to these Acts were made in 2009 with the intention of guaranteeing that every retired judge, or in case of their death, their family would receive increased pension allowances depending on the age of the retired judge.
Judicial Term Limits: High Court Judges
According to Article 217 of the Indian Constitution, a High Court Judge is appointed by the President in consultation with the Chief Justice of India (CJI), and the Governor of the State where the court resides. Other than the Chief Justice, the appointment of other judges also requires consultation with the High Court’s Chief Justice. High Court judges retire at 62, and their appointment is recommended by a Collegium comprising the Chief Justice of India and two senior-most judges.
Judicial Term Limits: Supreme Court Judges
Article 124 of the Constitution mandates the appointment of the Chief Justice of India (CJI) and the Judges of the Supreme Court by the President of India. The judges retire at 65 years. The appointment process involves consultation with high court judges as deemed necessary by the President. Similar to the case with High Court judges, the appointment of other Supreme Court judges involves consultation with the CJI, and obligatory consultations with the chief justice in case of appointment of judge other than the Chief justice.
Historical Practices in Appointment of Chief Justice
Between the years 1950 to 1973, it was conventional to appoint the senior-most judge of the Supreme Court as the Chief Justice of India. This practice was broken in 1973 when A N Ray was appointed as the Chief Justice of India while superseding three senior judges. These changes led to a landmark decision in 1993, where the Supreme Court ruled that only the most senior judge of the Supreme Court should be appointed to the position of Chief Justice of India.
Last Modified: February 14, 2024