DRAFT.

A former High Court Judge Dama Naidu said, in an interview to Bar and Bench that “if you want real talent for the judiciary, the position should be more remunerative.”

While the remuneration of senior advocates with judges cannot be compared it is important the remuneration of High and Supreme Court judges be looked at from the cost to government (including post-retirement) and not basic pay. This article does that and makes some suggestions too.

According to the Department of Justice, GOI, “Salaries, pension etc. in respect of Judges of Supreme Court are governed by the Supreme Court (SC) Judges (Salaries and Conditions of Service) Act, 1958 and of High Court (HC) judges by High Court Judges (Salaries and Conditions of Service) Act, 1954.”

Salaries, Allowances etc. of SC Judges are paid from the Consolidated Fund of India and of HC Judges are paid upon the Consolidated Fund of the States. In both cases Pension is paid by the Consolidated Fund of India.

Salaries, Allowances, Perquisites of Supreme and High Court Judges

Notes - 

1. *These are not taxable. According to 23D of the 1958 Act applicable to SC Judges they get ‘Exemption from liability to pay Income-tax on certain perquisites received namely rent-free official residence, conveyance facilities, sumptuary allowance and value of leave travel concession. 

2. N1 - The Department of Justice site does not refer to Dearness Allowance. Understand that it is revised every six months like for others.

3. N2 - Sumptuary Allowance is paid to “compensate for expenses incurred on account of entertaining visitors.”

4. N3 - In Mumbai Judges get flats but elsewhere it is invariably bungalows. All SC Judges get bungalows. If a Judge prefers to stay in own accommodation House Rent Allowance (HRA) is Rs 54,000/ per month.

5. N4 – Type of car could vary across states. Could be Toyota Altis and higher.

6. N5 - Petrol is 200 litres per month or actuals whichever is lower.

7. N6 - Structure for Peons could vary across High Courts. Sometimes in the HC, judge has separate support staff.

8. N7 - Medical actuals for life for self, wife and dependant parents.

9. N8 - LTC is fare for self, wife and dependent children, anywhere in India and twice a year.

10. N9 – Furnishing allowance is attached to residential accommodation that a judge is allotted and is subject to some restrictions. It is not taxable and not paid if a judge occupies his own house. 

11. N10 – there is a cap on number of free units provided per year. 

12. Some details are based on conversations with retired judges.

Thus, whilst comparing remuneration of Judges vs. those in private practice compare cost incurred by government and include grossing up for tax free perquisites. Benefit of free medical is realized only later in life.

Most become judges in the higher judiciary in their late 40s or 50s so having achieved success and probably acquired wealth, could be looking for a deeper purpose to life then.

According to this 2022 report in The Hindu, “On August 26, the Centre amended the Supreme Court Judges Rules the second time in a week to provide chauffeurs and domestic help for retired Chief Justices of India and Supreme Court judges for their entire lifetime.” Plus ceremonial lounge facility at airports for retired CJI, SC judges and Chief Justices of High Courts. According to this 2023 Times Now report the Maharashtra government would give a monthly allowance of Rs 20,000/ to retired HC judges towards housekeeping, telephone and driver. 

Further, there are certain non-taxable benefits that Judges of Higher Judiciary enjoy.

1. Increase in Status, professionally and personally for e.g. compare profile of Chief Economist of a Bank vs. when he becomes Chief Economist Advisor of India.

2. It is a prestigious job with a high degree of responsibility, chance to serve the nation.

3. The range of cases helps you grow professionally, rich experience.

4. Power to decide on important cases.

5. Power to bring out positive change in society.

6. Possibly of a lucrative post-retirement practice.

7. Unspoken power in the corridors of power.

8. Access to government guest houses across the state.

9. Job security. Impeachment in India is extremely rare.

10. Higher Judiciary is accountable to itself.  

Working in the Higher Judiciary has to be positioned as a long-term career opportunity.

Recently, a retired judge of the Delhi High Court Justice Poonam Bamba said that judges have little work-life balance. Empathise fully. Hope the use of technology and the National Judicial Data Grid helps identify bottlenecks in the judicial process and reduces backlog of cases.       

Some Observations

The salary is revised once in ten years, subsequent to the Pay Commission report.

Should it be revised once in five years, given the fast paced changes in the external environment?

There is no system of Annual Increment for Judges. So a HC judge who has joined in 2023 will get the same base pay of Rs 2.25 lakhs as one who joined in 2018. A performer and non-performer judges get the same basic pay. There has to be an incentive to perform better as it is in the private sector. I am not suggesting performance bonus for the Higher Judiciary.

If an increment system is introduced it needs a Performance Appraisal System and determination of Key Result Areas for each judge. Can the Higher Judiciary, trained in law, take up a Human Resource role? Outsourcing might be difficult given the confidential nature of work?

Since cost of renting a house varies across cities, can the HRA be determined region wise instead of a fixed sum across India?

Should the perquisite structure, before and post retirement, be consistent across States?

This matter requires deeper study and an open mind.

References

1.PRS Legislative Research Paper on HC and SC (Salaries and Condition of Services) Amendment Bill 2017

2. Life of a Judge – Benefits and Difficulties

3. Perquisites for SC/HC Judges post-retirement

4. Lifetime benefits Business Standard

5. No proposal to increase retirement age of HC/SC Judges