Bill on Salaries and Conditions of Service of High Court and Supreme Court Judges introduced in Lok Sabha on November 30, 2021.
The legislative intent behind insertion of section 17B and section 16B respectively was to provide benefit of additional quantum of pension to a retired Judge from the first day of the month in which he completes the age specified in the first column of the scale and not from the first day of his entering the age specified therein as so interpreted by the High Courts. Therefore, it is proposed to insert an Explanation in section 17B of the said High Court Judges Act and in section 16B of the said Supreme Court Judges Act to clarify the intention and to ensure that there is no scope for any other interpretation.
In section 17B of the High Court Judges (Salaries and Conditions of Service) Act, 1954, the following Explanation shall be inserted, namely:
“Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.”.
In section 16B of the Supreme Court Judges (Salaries and Conditions of Service)Act, 1958, the following Explanation shall be inserted, namely:
“Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.”.
All the judges of belonging from lower courts up to supreme court, have the same basic qualification viz basic law degree.
All the said judges enter the respective positions as judges by passing the same prescribed examinations.
Then why there is disparity in the salaries and perks among the same judges with the said similar qualifications?
In the existing social life, both the judges belonging to lower courts and supreme court, if they go to market to buy provisions, both have to pay same price for medicine or rice or vegetable or edible oil etc.. No disparity of customer before the shop keeper.
Is there is possibility in bringing equity in the disparity among judges of the same nation living under the provisions of same constitution ?