The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Overview
The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 is a statute enacted by the Indian Parliament to regulate the salaries, allowances, and other conditions of service of the Judges of the Supreme Court of India.
The Act ensures:
Adequate remuneration and service conditions for Supreme Court Judges.
Independence and dignity of the Judiciary by securing financial and service security.
Uniform terms of service applicable to all Supreme Court Judges.
Background and Objective
The Constitution of India (Articles 124, 125, and 221) provides for the establishment of the Supreme Court and guarantees security of tenure and salaries of Supreme Court Judges to maintain judicial independence.
Article 125(1) states that the salaries, allowances, and pensions of Supreme Court Judges shall be determined by the Parliament.
The Act was passed to give effect to Article 125 and lay down the detailed framework for Judges' remuneration and service conditions.
This was necessary to prevent any executive interference in judicial functioning by ensuring Judges’ financial security.
Key Provisions of the Act
1. Salaries of Supreme Court Judges (Section 3)
Specifies the monthly salary payable to the Chief Justice of India and other Judges.
Salaries are fixed by the central government and are not subject to reduction during the tenure of the Judge.
Salary rates are revised periodically by amendments and notifications.
2. Allowances (Section 4)
Judges are entitled to various allowances, such as:
Traveling allowance.
House rent allowance.
Daily allowances while on official duty.
Medical allowance.
These allowances ensure that Judges can perform their functions without financial worries.
3. Leave and Pension (Section 5)
Provides for:
Leave entitlements (casual, earned, and medical leave).
Pension and other retirement benefits after retirement or resignation.
Pension benefits are governed under the Judges (Retirement Benefits) Act, 1958.
4. Other Conditions of Service (Section 6)
Includes provisions about:
Deputation.
Resignation.
Discipline.
Other service conditions as prescribed.
5. Protection against Reduction of Salary (Section 7)
Ensures that the salary of a Judge cannot be reduced during their term of office.
This provision is essential to safeguard judicial independence.
6. Application of the Act (Section 2)
The Act applies to all Judges appointed to the Supreme Court of India, including the Chief Justice.
Constitutional Basis
Article 124(4): Guarantees security of tenure to Supreme Court Judges.
Article 125(1): Specifies payment of salaries, allowances, and pensions.
The Act is a legislative implementation of these constitutional provisions.
Important Case Law
1. S.P. Gupta v. Union of India, AIR 1982 SC 149
Issue: Independence of the judiciary and conditions of service.
Held: Salaries and service conditions laid down by Parliament are crucial for maintaining independence.
Significance: The Court emphasized the need for adequate financial security to avoid executive interference.
2. Raghunathrao Ganpatrao Khedkar v. Union of India, AIR 1969 SC 1332
Issue: Whether reduction of Judge’s salary is permissible.
Held: Held that salary of Judges cannot be reduced during tenure, affirming Article 125 and the Act.
Significance: Upheld protection of Judges’ salaries as fundamental to judicial independence.
3. Supreme Court Advocates-on-Record Association v. Union of India, AIR 1994 SC 268
Issue: Conditions of service and transparency.
Held: Though not directly related to salaries, the Court held that transparency and fairness in Judges’ service conditions is essential.
Significance: Reinforced the role of the Act in maintaining fair service conditions.
4. In Re: Special Judges (Trial of Offences Relating to Transactions in Securities) Act, 1992, AIR 1993 SC 111
Issue: Applicability of service conditions to special judges.
Held: The Act applies only to Supreme Court Judges and not to other judicial officers.
Significance: Clarified the scope of the Act.
Importance of the Act
The Act plays a vital role in ensuring the independence of the Supreme Court by securing Judges’ financial and service conditions.
Prevents arbitrary reduction or interference with Judges’ salaries and allowances.
Provides clear guidelines for the remuneration and service benefits of the Supreme Court Judges.
Supports the dignity and efficiency of the highest judicial institution.
Summary Table
| Aspect | Details |
|---|---|
| Enacted | 1958 |
| Purpose | Regulate salaries, allowances, and service of SC Judges |
| Key Provisions | Salaries, allowances, leave, pension, service conditions |
| Constitutional Basis | Articles 124(4), 125(1) |
| Protection | No reduction of salary during tenure |
| Applicability | Chief Justice and other Supreme Court Judges |
| Importance | Maintains judicial independence and dignity |
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