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High Court And Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021

The High Court And Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021:

It was passed in Lok Sabha recently.

  • The bill seeks to clarify the process of counting the age of retired judges to determine when they will get enhanced pension.
  • The bill only inserts an explanatory note to make the legislative intent clear about the additional quantum of pension.
  • Additional quantum of pension to retired judges of High Courts and the Supreme Court is being sanctioned on completing the age of 80, 85, 90, 95 and 100 years as the case may be, but there was a confusion about the process of calculating the age.
  • The salary payable to a Supreme Court Judge was previously, specified in the Constitution in Article 125(1) and the Second Schedule.
  • However, through the 54th Constitutional-Amendment, Parliament has gained the power to determine the salaries of Supreme Court Judges by law.
  • Parliament also has the authority to determine questions relating to the privileges, allowances, etc., for these Judges.
  • None of these can, however, be varied by Parliament to the disadvantage of a Judge after his appointment to the Court.
  • These matters are now regulated by the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.
  • Similarly, Parliament also has the authority to determine the salary of the High Court Judges by law.

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