The Union Cabinet chaired by the Prime Minister Narendra Modi has approved the revision in the salaries, gratuity, allowances, pension etc. of the Judges of the Supreme Court and the High Courts and retired Judges of Supreme Court and High Courts. It follows the implementation of recommendations of the 7th Central Pay Commission in respect of Civil Servants.

The approval will pave the way for necessary amendments in the two laws viz. Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 and High Court Judges (Salaries and Conditions of Service) Act, 1954, which govern the salaries of Chief Justice of India (CJI), Judges of Supreme Court of India, Chief Justices and all Judges of High Courts.

The increase in the salary and allowances etc. will benefit 31 Judges of Supreme Court of India (including the CJI) and 1079 Judges(including the Chief Justices) of High Courts. Besides, approximately 2500 retired Judges will also be benefited on account of revision of pension/gratuity etc.

Arrears on account of revised salaries, gratuity, pension and family pension w.e.f 01.01.2016 will be paid as one time lump sum payment.

Background:

Salaries, gratuity, pension, allowances etc. in respect of Judges of Supreme Court are governed by the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. Salaries etc. of Judges of High Courts are governed by High Court Judges (Salaries and Conditions of Service) Act, 1954. An amendment in the Acts is required whenever there is any proposal for revision of salaries/pension gratuity, allowances etc. in respect of Judges of Supreme Court and High Courts. Therefore, Government proposes to move a Bill in the Parliament in the ensuing Session for amendment in the relevant Acts for giving effect to the revision of salaries and allowances.

PIB

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New Delhi: Amid an ongoing debate on vacancies in the higher judiciary, government has preferred to maintain silence on bringing afresh a bill to increase the retirement age of high court judges from 62 to 65 years.

Responding to a question in the Lok Sabha yesterday on whether any proposal for extension of retirement age of high court judges is under consideration of government, Minister of State for Law P P Chaudhary said in a written reply that a bill brought by the previous UPA government in 2010 lapsed after the dissolution of the 15th Lok Sabha in 2014.

“The Constitution (114th Amendment) Bill, 2010 which provided for increasing the retirement age of High Court Judges from 62 years to 65 years was introduced in the Lok Sabha on July 25, 2010. Thereafter, the Bill was referred to the Parliamentary Standing Committee for examination and report, which recommended that the proposed bill in its present form should be passed without delay.

“The Bill could not be taken up for consideration and passing in the Parliament and lapsed with the dissolution of the 15th Lok Sabha,” he said.

The UPA proposal had sought to bring at par the retirement age of high court judges with that of Supreme Court judges at 65.

At a time when the 24 high courts face a shortage of nearly 450 judges, the government and the judiciary have agreed that an extraordinary provision of the Constitution can now be invoked to appoint retired judges with proven integrity and track record as judges of high courts to tackle rising pendency.

Nearly three crore cases are pending in courts across India.

PTI

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GOVERNMENT OF INDIA
MINISTRY OF  LAW & JUSTICE
RAJYA SABHA
UNSTARRED QUESTION NO-710
ANSWERED ON-04.03.2013

Increasing the retirement age of High Court Judges

710 .    SHRI D. BANDYOPADHYAY:

(a)    whether Government is contemplating to increase the retirement age of High Court Judges to 65 years to make it at par with that of the Supreme Court Judges; and

(b)    if so, whether it would adversely affect the possibility of competent Chief Justices of well known and prestigious High Courts leaving their present assignments to join the Supreme Court which would involve displacement from their present locations without the incentive of additional years of service?

ANSWER

(a)     : The Constitution (One Hundred and Fourteenth Amendment) Bill, 2010 which provides for increasing the retirement age of Judges of High Courts from 62 to 65 years was taken up for discussion in the Lok Sabha on 28.12.2011. However, the discussion has remained inconclusive. The Bill would bring the retirement age of High Court Judges at par with that of the Supreme Court Judges.

(b) : No Sir. The Supreme Court is the highest Court of the land and the Judgeship of this Court is considered very prestigious. The increase in the retirement age of High Court Judges should not in any way affect the selection of the competent Chief Justices as Judges of the Supreme Court.

Source-http://rajyasabha.nic.in/

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