Bill Summary

The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017
 

  • The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017 was introduced in Lok Sabha by the Minister for Law and Justice, Mr. Ravi Shankar Prasad on December 21, 2017. The Bill seeks to amend (i) the High Court Judges (Salaries and Conditions of Service) Act, 1954; and (ii) the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.  These Acts regulate the salaries and conditions of service of the judges of the High Courts and the Supreme Court.
     
  • Salary: The two Acts specify the salaries of judges of the Supreme Court and High Courts.  The Bill seeks to revise their salaries with effect from January 1, 2016:

Table 1: Salary of judges (per month)

Designation

Present

(Rs)

Proposed

(Rs)

Chief Justice of India

1,00,000    

2,80,000

Other Judges of the Supreme Court

90,000

2,50,000

Chief Justice of High Court

90,000

2,50,000

Other Judges of High Court

80,000

2,25,000

Sources: The High Court Judges (Salaries and Conditions of Service) Act, 1954; The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958; The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017; PRS.

  • Allowances: Under the two Acts, a sumptuary allowance is paid to judges of the High Court and the Supreme Court to compensate for expenses incurred on account of entertaining visitors.  The Bill seeks to revise this allowance with effect from September 22, 2017.  

Table 2: Sumptuary Allowance of judges (per month)

Designation

Present

(Rs)

Proposed

(Rs)

Chief Justice of India

20,000     

45,000

Other Judges of the Supreme Court

15,000

34,000

Chief Justice of High Court

15,000

34,000

Other Judges of High Court

12,000

27,000

Sources: The High Court Judges (Salaries and Conditions of Service) Act, 1954; The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958; The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017; PRS.

  • The two Acts specify that judges of the High Court and the Supreme Courts will be entitled to the use of an official residence, without payment of rent. Further, if judges do not use this entitlement, they will be paid a monthly allowance equal to 30% of their salary.  The Bill seeks to revise this allowance to 24% of their salary.  Further, it specifies that this allowance will be revised to: (i) 27% of salary when the dearness allowance (DA) crosses 25%, and (ii) 30% of salary when DA crosses 50%.
     
  • Pension: The two Acts specify the pension for High Court and Supreme Court judges based on: (i) if they have previously held a pensionable post under the central or state governments, or (ii) if they have not held any such post.  The Bill seeks to revise the pension for judges under both these categories.   Further, it also revises the cap on maximum pension payable to these judges (see Table 3).

Table 3: Maximum pension of judges (per annum)

Designation

Present

(Rs)

Proposed

(Rs)

Chief Justice of India

6,00,000    

16,80,000

Other Judges of the Supreme Court

5,40,000

15,00,000

Chief Justice of High Court

5,40,000

15,00,000

Other Judges of High Court

4,80,000

13,50,000

Sources: The High Court Judges (Salaries and Conditions of Service) Act, 1954; The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958; The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017; PRS.

 

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