The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Summary of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Key Provisions Summary
• Pensions:
• Part I of the First Schedule:
• Eligibility and Calculation: The pension is calculated based on the Judge's service, with specific provisions for added years of service for certain Judges (e.g., 10 years added for Judges appointed under sub-clause (b) of clause (2) of article 217 of the Constitution, effective from April 1, 2004).
• Election for Pension Scheme: Judges with previous pensionable posts can elect to receive pension under either Part I or Part III of the First Schedule, with calculations adjusted accordingly.
• Part III of the First Schedule:
• For Judges with Other Pensionable Posts: Offers an additional pension scheme for service as a Judge.
• Family Pension:
• Calculation and Eligibility: Varied rates (50% of salary for death before retirement, 30% after retirement) with specific duration and entitlement rules.
• Entitlement Rules: Follows Central Civil Services rules for Part I electees or the Judge's original service rules for Part III electees.
• Gratuity:
• Qualifying Service and Calculation: Minimum 2.5 years of service, calculated on a ten days' salary per completed six months of service as a Judge.

Legislative History:

The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Act Title - The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Act Number / Year - 41 of 1958

Act ID (India Code) - 195841

Presidential Assent Date - October 17, 1958

Enforcement Date - October 17, 1958

Nodal Ministry - Ministry of Law and Justice

Precedent & Historical Rationale

● Constitutional Mandate (Article 125): Article 125 of the Constitution empowers Parliament to determine by law the salaries, allowances, leave, pensions, and other conditions of service of Supreme Court Judges.

● Judicial Independence and Statutory Standardization: Enacted to establish a comprehensive statutory regime ensuring financial security and uniformity in service conditions for Supreme Court Judges, thereby safeguarding judicial independence.

Parliamentary Trajectory & Enactment

● Formulation: Introduced by the Ministry of Law to codify constitutional requirements governing judicial service conditions.

● Parliamentary Passage: Debated and passed by both Houses of Parliament in September 1958.

● Presidential Assent: Received Presidential Assent on October 17, 1958.

● Enforcement: Enforced on October 17, 1958.

Source: Official Record of Parliament, India Code, and Ministry of Law and Justice.