The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Administered Ministry: Ministry of Law and Justice / Department of Justice
Section
Section 1 Short title. 6 docs
This Act may be called the Supreme Court Judges 1 [(Salaries and Conditions of Service)] Act, 1958.
1. Subs. by s. 6, ibid., for "(Conditions of Service)" (w.e.f. 1-1-1996).
Section 2 Definitions.
In this Act, unless the context otherwise requires,―
(a) “acting Chief Justice” means a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice of India;
(b) “actual service” includes―
(i) time spent by a Judge on duty as a Judge, or in the performance of such other functions as he may, at the request of the President, undertake to discharge; and
(ii) vacations;
(c) “Chief Justice” means the Chief Justice of India, but does not include an acting Chief Justice;
(d) “High Court” means the High Court for a State;
(e) “Judge” means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “service as a Judge in India” means service rendered 1 [in the Supreme Court] and in one or more of the High Courts, and “Judge in India” and “service for pension as a Judge in India” shall be construed accordingly;
(h) “service for pension” includes―
(i) actual service;
(ii) time spent by a Judge of a High Court in attending the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as a Judge:
2 [(iii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;]
(i) “vacation” means such period or periods during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the President.
(a) “acting Chief Justice” means a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice of India;
(b) “actual service” includes―
(i) time spent by a Judge on duty as a Judge, or in the performance of such other functions as he may, at the request of the President, undertake to discharge; and
(ii) vacations;
(c) “Chief Justice” means the Chief Justice of India, but does not include an acting Chief Justice;
(d) “High Court” means the High Court for a State;
(e) “Judge” means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “service as a Judge in India” means service rendered 1 [in the Supreme Court] and in one or more of the High Courts, and “Judge in India” and “service for pension as a Judge in India” shall be construed accordingly;
(h) “service for pension” includes―
(i) actual service;
(ii) time spent by a Judge of a High Court in attending the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as a Judge:
2 [(iii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;]
(i) “vacation” means such period or periods during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the President.
1. Subs. by Act 13 of 2016, s. 18, for certain words (w.e.f. 5-4-2016).
2. Subs. by Act 57 of 1980, s. 7, for sub-clause (iii) (w.e.f. 10-12-1980).
2. Subs. by Act 57 of 1980, s. 7, for sub-clause (iii) (w.e.f. 10-12-1980).
Section 3 Kinds of leave admissible to a Judge.
(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either―
1 [(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate); or]
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.
2 [(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.]
1 [(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate); or]
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.
2 [(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.]
1. Subs. by Act 77 of 1971, s. 2, for clause (a) (w.e. f. 15-1-1972).
2. Ins. by Act 13 of 2016, s. 19 (w.e.f. 5-4-2016).
2. Ins. by Act 13 of 2016, s. 19 (w.e.f. 5-4-2016).
Section 4 Leave account showing the amount of leave due.
(1) A leave account shall be kept for each Judge showing therein the amount of leave due to him in terms of leave on half allowances.
(2) In the leave account of a Judge―
(a) there shall be credited to him―
(i) one-fourth of the time spent by him on actual service; 1 ***
(ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the Supreme Court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month;
2 [(iii) where the Judge was, prior to his appointment as such, a Judge of a High Court, the period of leave earned by him as a Judge of the High Court, 3 ***; and]
(b) there shall be debited to him all leave with allowances taken by him.
(3) This section shall be deemed to have come into force on the 1st day of May, 1958.
(2) In the leave account of a Judge―
(a) there shall be credited to him―
(i) one-fourth of the time spent by him on actual service; 1 ***
(ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the Supreme Court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month;
2 [(iii) where the Judge was, prior to his appointment as such, a Judge of a High Court, the period of leave earned by him as a Judge of the High Court, 3 ***; and]
(b) there shall be debited to him all leave with allowances taken by him.
(3) This section shall be deemed to have come into force on the 1st day of May, 1958.
1. The word "and" omitted by Act 77 of 1971, s. 3 (w.e.f. 1-5-1958).
2. Ins. by s. 3, ibid. (w.e.f. 1-5-1958).
3. The certain words omitted by Act 7 of 1999, s. 7 (w.e.f. 8-1-1999).
2. Ins. by s. 3, ibid. (w.e.f. 1-5-1958).
3. The certain words omitted by Act 7 of 1999, s. 7 (w.e.f. 8-1-1999).
Section 4A Leave encashment.
1 [4A. Leave encashment.―A Judge shall be entitled in his entire service, including the period of service rendered either as a Judge of a High Court or in a pensionable post under the Union or a State or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement 2 [in respect of the period of leave at his credit, calculated on full allowances basis,] to the extent of the maximum period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.]
1. Ins. by s. 8, ibid. (w.e.f. 8-1-1999).
2. Subs. by Act 13 of 2016, s. 20, for "in respect of the period of earned leave at his credit" (w.e.f. 5-4-2016).
2. Subs. by Act 13 of 2016, s. 20, for "in respect of the period of earned leave at his credit" (w.e.f. 5-4-2016).
Section 5 Aggregate amount of leave which may be granted. 2 docs
(1) The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years 1 [including the period credited to his leave account under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] together with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, 2 [credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.]
(3) 3 [Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, 2 [credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.]
(3) 3 [Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months.
1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed" (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed" (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).
Section 5A Commutation of leave on half allowances into leave on full allowances.
5 [5A. Commutation of leave on half allowances into leave on full allowances.―(1) Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his leave as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.
1. Ins. by s. 5, ibid. (w.e.f. 15-1-1972).
Section 6 Grant of leave not due.
Subject to the maximum limit specified in sub-section (1) of section 5, leave on half allowances may be granted to a Judge in excess of the amount at his credit―
(i) on medical certificate; or
(ii) otherwise than on medical certificate, for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a Judge:
Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted.
(i) on medical certificate; or
(ii) otherwise than on medical certificate, for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a Judge:
Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted.
Section 7 Special disability leave.
Special disability leave may be granted to a Judge under such circumstances, on such allowances and for such periods as may be prescribed.
Section 8 Extraordinary leave.
Extraordinary leave may be granted to a Judge for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions of this Chapter, but no salary or allowances shall be payable in respect of such leave.
Section 9 Leave allowances.
1[9. Leave allowances.―The monthly rate of leave salary payable to a Judge shall be in accordance with the provisions of sub-section (1) of section 3.]
1 Subs. by Act 13 of 2016, s. 21, for section 9 (w.e.f. 5-4-2016).
Section 10 Combining leave with vacation.
A Judge may be permitted to combine vacation on full salary with leave, if―
(a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both;
(b) where the vacation is divided into two periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation:
Provided that no such permission to combine vacation with leave shall be granted, if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave.
(a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both;
(b) where the vacation is divided into two periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation:
Provided that no such permission to combine vacation with leave shall be granted, if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave.
Section 11 Consequences of over staying leave or vacation.
(1) If a Judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary in respect of the period of his absence in excess of the leave granted to him or beyond the end of the vacation, as the case may be:
Provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account.
(2) Nothing in this Act shall be construed as requiring a Judge to rejoin on the expiration of the period of leave when that period expires immediately before the commencement of a vacation, nor as authorising any acting Chief Justice to continue to hold the acting appointment during the vacation.
Provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account.
(2) Nothing in this Act shall be construed as requiring a Judge to rejoin on the expiration of the period of leave when that period expires immediately before the commencement of a vacation, nor as authorising any acting Chief Justice to continue to hold the acting appointment during the vacation.
Section 12 Authority competent to grant leave.
The authority competent to grant or refuse leave to a Judge or to revoke or curtail the leave already granted to a Judge shall be the President who shall exercise the power after consultation with the Chief Justice.
Section 12A Salaries of the Judges.
1 2 [12A. Salaries of the Judges.―(1) There shall be paid to the Chief Justice of India, by way of salary, 3 [ 4 [two lakh eighty thousand rupees per mensem]].
(2) There shall be paid to a Judge of the Supreme Court, by way of salary, 5 [ 6 [two lakh fifty thousand rupees per mensem] ].
(2) There shall be paid to a Judge of the Supreme Court, by way of salary, 5 [ 6 [two lakh fifty thousand rupees per mensem] ].
1. Subs. by Act 18 of 1998, s. 7, for the heading "PENSIONS" (w.e.f. 1-1-1996).
2. Ins. by s. 7, ibid. (w.e.f. 1-1-1996).
3. Subs. by Act 23 of 2009, s. 8, for "thirty-three thousand rupees per mensem" (w.e.f. 1-1-2006).
4. Subs. by Act 10 of 2018, s. 6, for "one lakh rupees per mensem" (w.e.f. 1-1-2016).
5. Subs. by Act 23 of 2009, s. 8, for "thirty thousand rupees per mensem" (w.e.f. 1-1-2006).
6. Subs. by Act 10 of 2018, s 6, for "ninety thousand rupees per mensem" (w.e.f. 1-1-2016).
2. Ins. by s. 7, ibid. (w.e.f. 1-1-1996).
3. Subs. by Act 23 of 2009, s. 8, for "thirty-three thousand rupees per mensem" (w.e.f. 1-1-2006).
4. Subs. by Act 10 of 2018, s. 6, for "one lakh rupees per mensem" (w.e.f. 1-1-2016).
5. Subs. by Act 23 of 2009, s. 8, for "thirty thousand rupees per mensem" (w.e.f. 1-1-2006).
6. Subs. by Act 10 of 2018, s 6, for "ninety thousand rupees per mensem" (w.e.f. 1-1-2016).
Section 13 Pension payable to Judges.
Subject to the provisions of this Act, a pension shall be payable in accordance with the provisions of Part I of the Schedule to a Judge of the Supreme Court on his retirement if, but only if,―
1 * * * * *
(b) he has attained the age of sixty-five years; or
(c) his retirement is medically certified to be necessitated by ill-health.
2 [Explanation.―In this section, "Judge" means a Judge who has not held any other pensionable post under the Union or a State and includes a person who was in service as a Judge on the 20th May, 1954, and also includes a Judge having held any other pensionable post under the Union or a State, who has elected to receive the pension payable under Part I of the Schedule.]
1 * * * * *
(b) he has attained the age of sixty-five years; or
(c) his retirement is medically certified to be necessitated by ill-health.
2 [Explanation.―In this section, "Judge" means a Judge who has not held any other pensionable post under the Union or a State and includes a person who was in service as a Judge on the 20th May, 1954, and also includes a Judge having held any other pensionable post under the Union or a State, who has elected to receive the pension payable under Part I of the Schedule.]
1. Clause (a) omitted by Act 46 of 2005, s. 6 (w.e.f. 1-4-2004).
2. Subs. by Act 13 of 2016, s. 22, for the Explanation (w.e.f. 5-4-2016).
2. Subs. by Act 13 of 2016, s. 22, for the Explanation (w.e.f. 5-4-2016).
Section 13A Benefit of added years of service.
1 [13A. Benefit of added years of service.―Subject to the provisions of this Act, a period of ten years shall be added to the service of a Judge for the purposes of his pension, who qualified for appointment as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.]
1. Ins. by Act 46 of 2005, s. 7 (w.e.f. 1-4-2004).
Section 14 Special provisions for pension in respect of Judges who are members of service.
1 [(1) Every Judge who has held any other pensionable post under the Union or a State shall, on his retirement, be paid a pension in accordance with the provisions of Part III of the Schedule:
Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the Schedule, or as the case may be, Part III of the Schedule, and the pension payable to him shall be calculated accordingly.]
2 [(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under 3 *** Part III of the Schedule before the date on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the Schedule and any such Judge who dies before the date of such assent, shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case. ]
Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the Schedule, or as the case may be, Part III of the Schedule, and the pension payable to him shall be calculated accordingly.]
2 [(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under 3 *** Part III of the Schedule before the date on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the Schedule and any such Judge who dies before the date of such assent, shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case. ]
1. Subs. by Act 13 of 2016, s. 23, for sub-section (1) (w.e.f. 5-4-2016).
2 Ins. by Act 36 of 1976, s. 2 (w.e.f 1-10-1974).
3. The words and figures "Part II or, as the case may be," omitted by Act 13 of 2016, s. 23 (w.e.f. 5-4-2016).
2 Ins. by Act 36 of 1976, s. 2 (w.e.f 1-10-1974).
3. The words and figures "Part II or, as the case may be," omitted by Act 13 of 2016, s. 23 (w.e.f. 5-4-2016).
Section 15 Power of President to add to the service for pension.
The President may, for special reasons, direct that any period not exceeding three months shall be added to the service for pension of a Judge, and any such period so added shall count for pension purposes―
(a) in the case of a Judge who has served in the Supreme Court as Chief Justice, as service as Chief Justice; and
(b) in the case of any other Judge, as service as any other Judge.
(a) in the case of a Judge who has served in the Supreme Court as Chief Justice, as service as Chief Justice; and
(b) in the case of any other Judge, as service as any other Judge.
Section 16 Extraordinary pension.
Extraordinary pensions and gratuities may be granted to a Judge under such circumstances and on such scales as may be prescribed.