Rajya Sabha Approves Bill To Clarify When Retired Supreme Court, High Court Judges Will Receive Additional Pension

Today, the Rajya Sabha approved the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021 that 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 High Courts and the Supreme Court of India. 

The Bill clarifies that a person will be entitled to the additional pension or family pension from the first day of the month in which they complete the minimum age under the concerned age bracket. The Bill sought to clarify the statutory provisions under the Acts which regulate the salaries and conditions of service of the judges of High Courts and the Supreme Court of India. The provision governing when judges would be entitled to pension had been interpreted differently by the Gauhati High Court in its judgment that was later upheld by the Supreme Court. The Bill seeks to clarify the intent of the legislature on this issue. 

In Lok Sabha, some members had voiced their concern that the Bill sought to nullify judgment of the highest courts of this country. However, in the Rajya Sabha today, no voices were raised on this issue. While all members expressed their support of the content of the Bill, they took the opportunity to flag other problems palguing the judicial system in the country. 

After lengthy comments and observations on the state of judicial system and offering suggestions to improve it, the House finally gave its approval to the Bill. Since the Bill is a 'Money Bill', it is returned to the Lok Sabha.

Rajya Sabha has no power to reject or make amendments to Money Bills. Money Bills are sent to the Rajya Sabha for its recommendations, which Lok Sabha may reject if it chooses to. For this Bill, Rajya Sabha has not made any recommendations. 

The Lok Sabha had already given its assent to the Bill on 8th December, 2021 given its assent to the Bill after two days of discussion on its provisions. 

Click here to download the Bill