 the constitution (p'1p'ty-fourth amendment) bill, lq86a bill further to amend the constitution of india be it enacted by parliament in the thirty-seventh year of the republic of india as follows:-short title '1 this act may be called the constitution (fifty-fourth amendment) act, 1986 5 2 tn article 125 of the constitution, for clause (1), the following claase shall be substituted, namely:-amendmentof article 125 "(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" 10 3 i~rticle 321 of the constitution, for clause (1), the following clause shall be substituted, namely:-amendmentof article 221 • ii (1) there shall be paid to the judges of each high court such sa'aries as may be determined by parliament by law and, until prot 5 vision in th'a't behalf is so made, such salaries 'i1s are specffied in the second schedule" 4 i'll the second schedule to the constitution, in part d,-(4) in sub-paragraph (1) of paragraph 9,-amendment of second schedule, (i) for the figures and word "5,000 rupees", tbe figures and 20 word "10,000 npees" shall be substituted; (ii) for the ftgures and word "4,000 rupees", the figures and ,_ word "9,000 rupees" shad be substituted; (b) in sub-paragraph (1) of paragraph 10,-- ' (i) for the figures and word "4,000 rupees", the figures and  ·ord "9,080 rupees" shall ~ substituted; (ii) for the ftgures and word "3,500 rupees", the figures and word "8,_ rupees" abail be rubstituted  statement of objects and reasonsthe salaries of judges of the supreme court and the high courts iu'8 governed by the provisions of part d of the second schedule to the constitution of india as indicated below: chief justice of india rs 5,000 per month judges of the supreme court rs 4,000 per month chief justice of a high court rs 4,000 per tl10nth judges of a high court rs 3,500' per month 2 these salaries have remained static since 1950, despite high inflation and price rise that has taken place during all these years the joint co'zlfetence 'of chief justices, chief ministers and law ministers of the states held on 31st august and 1st september, 1985, inter alia, discussed and recommended improvement in service conditions of judges including increase in their salaries, not only to minimise the inflationary pressures on them but also to attract best talents in the country to man the judicial posts 3 having considered all aspects of the matter, it is proposed to increase the salaries of the judges as detailed below: |                               | chief justice of india    | rs    ||-------------------------------|---------------------------|--------|| 10,000                        | per                       | month  || rs                           |                           |        || 9,000                         |                           |        || per                           |                           |        || month                         |                           |        || judges of                     |                           |        || the                           | supreme court             |        || rs                           |                           |        || 9,000                         | per:                      |        || month                         |                           |        || chief justice of a high court |                           |        || rs                           |                           |        || 8,000                         |                           |        || per                           |                           |        || month                         |                           |        || judges of a high court        |                           |        |4 this bill seeks to amend part d of the second schedule to the constitution to give effect to the above increases in the salaries of judges and to make an enabling provision in articles 125 and 221 to provide for changes in the salaries of judges in future by parliament by law new dillri; a k sen the 4th august, 1988 clause 2 of the bill seeks to amenq, article 125 ot the constitution to make an enabling provision to provide tor the changes in the salariea of supreme co'urt judges'ln future by parliamentary law ''similarly, clause 3 of the bill seeks ~ amend article 221 of the constitution to make an enabling provision to provide for the changes in the salaries of higa court judges in future by pa-rliamentary law clau&e:4 of the biu:seeks to amend the second schedule to the constitution to enhance the salary qf the chief justice of india from rs 5,000 per month to rs 10,000 per month and that of oth~r judges of the supreld:e courtlchief justices of the high· courts from rs 4,000 per month to rb~ 9,000 per month and the judges of the high court from rs 3,500 per month to ri 8,000 per month 2 the additional expenditure that is likely to be incurred in view of the above increases in respect of the judges of the supreme court and the delhi high court will be charged on the consolidated fund of india in respect of judges of the other high courts, this expenditure will be a charge on the consolidated fund of the respective states the sanctioned strength of the judges of the suprem~ court and the delhi high court is at present 26 and 27, respectively apart from their salary as fixed in part d of the second schedule to the constitution, the judges are entitled to dearness allowance, additional dearness allowance and interim relief as admissible to members of the all-india services on this basis, the present total monthly emoluments drawn by the chief justice of india judges of the supreme court/chief justices of the high courts and the judges of the high courts are ri 8,15000, ri 7,05000 and ri 6,50000, respectively the actual additional recurring expenditure that iii ther& fore likely to be incurred from the consolidated fund of india in so far as it relates to the supreme court and the delhi high court will be of the order of rs 10,9860000 per annum 3 no other expenditure, either recurring or non-recurring, is likely to be incurred salariell, etc, of juda-~:   \     -'  , cui (1) there ahall be paid -to the judges of the supreme court such salarjii u an ijiedw ·111  8ecoll4 schedule ' - - - - salarlell, etc, of judges iz~ u) 'rher; shali' be paid to ute judges ot each ffigh court such l8l8rfes as are specified in the second schedule  - - - - -  - bcomd scld!dule [articles 5g(3), 65(3), 75(6), f11, 125, 148(3), 158(3r~ 164(6), 188 and ~tl                                    '        -                  -                           -                                     -                                               -  partdpaoyjatons as to thill j~ or 'bm st7pi1eme court ajn) oj' the hi_ coull'1'8 9(1) there shall be paid to the judges of the supreme court in reaped of time spent on aetual service, salary at the following rates per mmem, that is to 88y:-i the chief justice 5,000 rupees any gtber jud,e 4,000 rupees: , -,pnvtded that if - judge ef ~ supreme court at the time of bla appointment i in receipt of - pension (other than a disability or wound pe~cm) ~ respect 01 any previous service under the goveu"dmeut of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his salary in respect of service' in the supreme court shall be redueed-(a) by the amount of that pe'llsion, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointme!'llt, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity  - - - - - 10 (1) there shall be paid to the judges of high courts, in respect of time spent on actual service, salary at the following rates per rnensem, that is to 88y,-i ' !~r the chief justice 4,000 rupees any other judge 3,500 rupees: provided that if 8 judge of a high court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) t  fin respect of any previous service under the government of india or any of its predecessor governments or under the govemment of a state or any of its predecessor govemmenttl, his salary in respect of service in the high court shall be reduced-(a) by the amount of that pension, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity  - - - - - a bill further to amend the constitution of india (shrl asoke kumar sen l\fin~er of law end justice) j 