Salaries, etc., of Judges (1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. VERSION 1 Article 104, Draft Constitution 1948 The judges of the Supreme Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by Parliament, and until they are so fixed shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are specified in the Second Schedule: Provided that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. VERSION 2 Article 125, Constitution of India 1950 (1) There shall be paid to the Judges of the Supreme Court such salaries as are specified in the Second Schedule. (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. SUMMARY Draft Article 104 (Article 125) was debated on 30 July 1949. It laid out the rules pertaining to the salaries, allowances, and rights of judges of the Supreme Court. The Chairman of the Drafting committee moved an Amendment to wholly replace the Draft Article. The debates in the Assembly were based on this amendment. The amendment added the word ‘privileges’ which was missing from the initial Draft Article. One member proposed the insertion of the following proviso to clause (2): ‘ Provided that no law made under this article by Parliament shall provide that the pension allowable to a judge of the Supreme Court under that law shall be less than that which would have been admissible to him if he had been governed by the provisions which immediately before the commencement of this Constitution were applicable to the judges of the Federal Court.’ He argued that the Draft Article as it stood, allowed Parliament to reduce the salaries and pension of future judges of the Supreme Court. As higher salaries were necessary to attract the brightest legal minds to the bench, he wanted to restrain Parliament from reducing salaries, and thereby their pensions, below the level at which the current judges of the Federal Court were compensated. The Chairman of the Drafting Committee responded that this amendment presumed that the present Federal Court judges would continue to receive the same salary. It was outside the scope of the Drafting Committee to make such a decision, which would instead be left to Parliament; as such, the amendment was premature. The proposed amendment by the member was negated, while the Assembly accepted the amendment proposed by the Chairman of the Drafting Committee. The amended Draft Article was passed by the Assembly, and it was adopted on 30 July 1949. KR IRS 1324 ---------- Forwarded message --------- From: 'gopala krishnan' via iyer123 <[email protected]> Date: Thu, 29 Feb 2024 at 17:58 Subject: [iyer123] Pension of judges-forward To: Patty Thatha <[email protected]>, Kerala Iyer < [email protected]>, Iyer <[email protected]> Supreme Court says retired judges getting Rs 19,000 pension not proper -Forward Dear friends, Day before yesterday, I watched in the Malayalam news about very low 20000-00 pension of supreme court judges told by Mr Chandrachood, retired judge. I could not digest. Today I made a Google search for the information I watched was fully correct. I found the following news item in Times of India. I thought of forwarding. When even class IV staff get pension above 30000-00 now, still I am not able to digest how supreme court judges have such a low pension. Gopalakrishnan 1-3-2024 The Supreme Court on Monday said that retired district judges were not being given enough pension. The top court pointed out that these judges being paid 19,000 to 20,000 after such long service is not justified. CJI DY Chandrachud The Chief Justice said that these judges have substantially contributed to the cause of justice. India Today News Desk UPDATED: Feb 27, 2024 11:57 IST Written By: Vivek Mishra In Short Retired district judges are being paid just 19,000 to 20,000 pension Chief Justice asks the Union to come up with a 'just solution' Chandrachud says at 61-62 years these judges can't jump into practice The Supreme Court on Monday said that retired district judges were not being given enough pension. The top court pointed out that these judges being paid 19,000 to 20,000 after such long service is not justified. While hearing the matter of the pension scheme for judicial officers, the court urged the Union to find a solution, reported Live Law. "It is a very serious issue, Attorney General. Retired district judges being paid 19,000 to 20,000 after such long service is not proper. They are really disabled," said Chief Justice of India DY Chandrachud. -- You received this message because you are subscribed to the Google Groups "iyer123" group. 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