 the supreme qourt judges (condi- tions of service) bill, 1958(as in'l'roduceo in lok sabha)  arrangement of clauses chapter i preliminary clauses1 short title 2 definitions  chapter ii leave3 kinds of leave admissible to a judge 4 leave account showing the amownt of leave due 5 aggregate amount of leave which may be granted 6 goont of leave not due 7 special disability leave 8 extraordinary leave 9 leave allowances 10 combining leave with vacation 11 consequences of overstaying leave or vacation 12 authority competent to grant leave  chapter iii pensions13 pension p'lyable to judges 14 special provisions for pension in respect of judges who are members of service 15 power of president to add to the service foe pension 16 extraordinary pension 17 pension payable to a judge who was in receipt of pension at the time of appointment as such  clauses18 con'~'ersion of sterling pension into rupees 19 commutation of pension 20 provident fund 21 authority competent to grant pension  chapter iv miscellaneous22 travelling allowance to a judge 23 facilihes for rent-free houses and other conditions of service 24 power to make rules 25 savings the schedule  the supreme court judges (conditions of service) bill, 1958 (as introduced in lok sabha) a billto regulate certain conditions of service of the judges of the supreme court be it enacted by parliament in the ninth year of the republie of india as follows:- chapter i preliminary5 1 this act may be called the supreme court judges (conditions shert of service) act, 1958 title definitions 2 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 10 justice of india; (b) "actual service" includes-15 (i) time spent by a ju:ige un 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; 20 (e) "judge" means a judge of the supreme court and indudes the chief justice and an acting chief justice; (f) "prescribed" means prescribed by rules made under this act: (g) "service 33 a judge in india" means service rendered either in the federal court or in the supreme cc'urt or in any such court and in one or more of the high courts, and "judge in india" iqnd "service for pension as a judge in india" shall be construed accordingly: 5 (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 appoint- i') ed as a judge; (iii) forty-five days or the amount actually baken, whichever is less, of each period of leave on full allowances; (i) "vacation" means such period or periods during a year as may be fixed as vacation by or under the rules of the 15 supreme court made with the prior approval of the president  chapter ii leave~~~~s sf 3 (1) subject to the provisions of this act, leave granted to c\ admisaible to judge may be at his option either-2:> a judge (a) leave on full allowances; or (b) leave on oolf 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 25 allowances shall be reckoned as double that period of leave on half allowances leave aecount showina amount of leave due 4 (l) a leave account shall be kept for each judge showing therein the amount of leave due to him in terms of leave on hait allowances (2) in the leave iqccount of a judge-(a) there shall be credited to him-(i) one-fourth of the time spent by him on actual service; and (ii) where the judge, by reason of his h~ving bem 35 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 deen 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; 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 5 (1) the aggregate amount of leave which may be granted to aggregate  10 ii judge during the whole period of his service as such shall not ~~~~n~hi~l~ exceed in terms of leave on half allowances three years together may bf" with th~ aggregate of the periods, if any, credited to his leave granted account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed i5 (2) the aggregate amount of lrove 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, credited to his leave account under sub-section (2) (a) <ii) of section lo 4 as compensation for vacation not enjoyed (3) the maximum p!!riod 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, sixteenmonth!! 6 subject to the maximum limit specified in sub-section (1) of grant of 5 i hi  leave not 25 section , eave on a f allowances may be granted to a judge in due excess of the amount at his credit-(i) on medical certificate; or (ii) otherwise than on medical ~~ertjficate, for a period not exceeding six months, or for two or more periods not exceeding 3° 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 lsnot expected to return to duty at the end of such leave and earn the leave granted  3s 'j special disability leave may be granted to a judge under s~~ial dis-iuch circumstances, on such allowances and, lor such periods as may ability leave ate prescribed i extraordinary leave 8 extraordinary leave may be granted to a judge for a period not exceeding six months, or for tiwo 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 5 respect of such leave leave allowances 9 (1) the monthly rate of leave allowances payable to a judge while on leave on full allowances uall be for the first forty-fin days of such leave a rate equal to the monthly rate of the salary and thereafter two thousand two hundred and twenty rupees 10 payable to a judge one thousand one (2) the monthly rate of leave allowances while on leave on half allowances shau be hundred and ten rupees lcombinin'h 10 a judge may be permitted to combine vacation on full salary eave wit - 15 vacation with leave, if-(a) where the vacation consists of one continuous period, the leave is taken either at the commencement ar at the end of the vaca'tion 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 20 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 25 chief justice during the period of vacation or if the judge is not expected to return to duty at the end of such leave consequen-11 (1) if a judge overstays his leave or any vacation, whether ~~~ r:::; combined with leave or not, he shall receive no salary in respect of or vacation the period of his absence in excess of the leave granted to him or 30 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 35 to rejoin on the expiration of the period of leave when that period expires immediately before the commencement of a vacation, nol' as authorising any acting chief justice to col'ltinue to hold the &cting appointment during the vacation 12 the authority competent to grant or refuse leave ht a judge authority compttent or to revoke or curtail the leave already granted to a judge shall to grant be the president who shall exercise the power after consultation leave with the chief justice  5 chapter iii pensionspensioft payable to judies• 13 subject to the provisions of this act, a pension shall be pii1'-ahle in accordance with the provisions of part i of the schedule to a judge of the supreme court on his retirement if, but onl1 if,-10 (a) he has completed not less than seven years of service for pension as a judge in india; or (b) he has attained the age of sixty-five years: or (c) his retirement is medically certified to be necessitated by ill-health 15 e:rplan(jtion--in this section, "judge" means a judge who is not a member of the indian civil service or has not held any other pensionable civil 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 who being a member of the indian civil service or 2':> having held any other pensionable civil post under the union or a state has elected to receive the pension payable under part i of tt schedule 25 14 every judre-special pro-visions for (a) who is a member of the indian civil service shall, od ~::8;~ ~~ his retirement, be paid a pension in accordame with the provi- ju:fges who sions of part ii of the schedule' are m~bell - of servlce (b) who is not n member of the indian civil service but has held any other pensionable civil 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 ii or part iii of the schedule, and the pension payable to him shall be calculated accordingly ppow~r of 15 the president may, for special reasoru;, direct that any resident to  add to the period not exceedmg three months shall be added to the service for bervice pension 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 5 (b) in the case of any other judge, as 'lervice as any other judge exlraortlinary pen,ion 16 extraordinary pensions and gratuities may be iranted to - judge untler such circumstances and on such scales as may be pres- 10 cribed pb1sion pay-17 if at the time of his appointment to the supreme court, a judeg/~ho a judge is in receipt of a pensicim in respect of rny previous service was ifn either as a judge of a high court or in any other pensionable civil receipt 0 pen,ion at post under the union or a state, the pension payable to him under 15 the t!mtc of this act shall be an additional pension for service in thf' supreme appom men! 115 such court equal to the difference between his original pension and the pension to which he would have been entitled under this act, if his service in the supreme court had been rendered in contmuation of the previous service for which his original pension was granted 20 conversion 18 pensions expressed in sterling only shall, if paid in india, be 0pefns' stcrlint g converted into rupees at such rate of exchange as the central gov-ion in 0 rupees ernment may from time to time, specify in this behalf commuta-19 the civil pensions (commutation) rules for the time being tlon of pen- in force shall, with necessary modifications, apply to judges 25 sion provident fund 20 every judge shall be entitled to subscribe to the general provident fund (central services): provided that a judge who is a member of the indian civil service or has held any other pensionable civil post under the un~on or a state shall continue to subscribe to the provident fund 30 to which he was subscribing before his appointment as a judge: provided further that a judge who was appointed before the commencement of this act may continue to subscribe to the provident fund to which he was subscribing immediately before such oommencement 35 authurity 21 save as may be otherwise expressly provided in the relecompetent vant rules relating to the grant of extraordinary pensions and to  grant gratuities, the authority competent to grant pension to a judge pension - under the provisions of this act shall be the president  chapter iv miscellaneous22 a judge shall receive such reasonable allowance to reimburse 1i'vellin, s him for expenses incurred in travelling on duty within the territory :oo:tudae  - f india and shall be afforded such reasonable facilities in eonneetion with travelling as may, from time to time, be prescribed  - 23 (1) every judge shall be entitled without payment of rent facilitiel for to the use of an official residence in accordance with sueh rules as f:~&ei f::s may, from time to time, be made in this behalf ~tber condito uon~ of (2) every judge and the members of his family shall be entitled lerv,,:' to such facilities for medical 'treatment and for accommodation ia hospitals as may, from time to time, be prescribed (3) the conditions of service of a judge for which no express provision has been made in this act shall be such as may be 1,5 determined by rules made under this act (4) this section shall be deemed to have come into force on the 26th day of january, 1950, and any rule made under this section may be made so as to be retrospective to any date not earlier than the commencement of this section 24 (1) the central government may, by notification in the power to official gazette, make rules to carry out the purposes of this act make rulel (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-25 (a) leave of absence of a judge, including special disability leave; i (b) pension payable to a judge, including extraordinary pensions and gratuities; (c) travelling allowances to a judge; )0 (d) use of official residence by a judge; (e) facilities for medical treatment and other conditions of service of a judge; (f) any other matter which has ,to be, or may be, prescribed 3s (3) all rules made under this section shall, as soon as possible after they are made, be laid for not less than thirty days before each house of parliament and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following is nothing contained in this act shall have effect so as to give to a judge who is serving as such at the commencement of this act less favourable terms in respect of his privileges and allowances or his rights in respect of leave of absence (including leave" a1l6wances) or pension than those to which he would have been ' 5 emitled, if this act had not been passed ,  the schedulj: (see sections 13 and 14) pensions of judea part i1 the provisions of this part apply to a judge who is not a member of the indian civil service or has not held any other pensionable civil post under the union or a state and also apply to a person who was in service as a judge on the 20th may, 1954, and to a judge who, being a member of the indian civil service or hav- is ing held any other pensionable civil post under the union or a state, has elected to receive the pension vayable under this part 2 ,subject to the provisigns of this part, the pension payable to a chief justice to whom this part applies and who has completed not less than seven years of service for pension as a judge in india 20 shall be an amount equal to the sum of the following amounts, that is to say,-(a) an amount equal to the pension which would have been payable to him in accordance with the scale and provisions in part i of the first schedule to the high court judges (conditions of service) act, 1954, if his service as a judge had 25 a8 of 19,6 been rendered as ute chief justice of a high court; (b) an additional amount of rs 470 per annum for each completed year of service as the chief justice of the supreme court until he has become entitled to a pension of rs 20,000 per 30 annum, and thereafter an additional amount of rs 1,200 for each completed year of such service: provided that the aggregate amount of his pension shall in no ease exceed rs 26,000 per annum 3 the pension payable to any other judge to whom this part 35 applies and who has ci!ompleted not leis than seven years of service for pension as a judge in india shall ee an amount equal to the pension which would have been payable to him in accordance with the scale and provisions in part i of the first schedule to the high court judges (conditions of service) act, 1954, if his service as a 5 judge had been rendered as the chief justice of a high court 4 if a judge of the supreme court who has served as an acting chief justice thereof is subsequently appointed chief justice, his service as acting chief justice shall, for the purposes of paragraph 2 of this part, be treated as service a chief justice lo 5 where a judge to whom this part applies retires without being eligible for a pension under any other provision of this part, then, notwithstanding anything contained in the foregoing provisions, a pension of rs 7,500 per annum shall be payable to such a judge: is provided that nothing in this paragraph shall apply to a jud~ who at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the union or a state  part ii20 1 the provisions of this part apply to a judge who is a member of the indian civil service and who has not elected to receive the pension payable under part i 2 the pension payable to such a judge shall be-(a) the pension to which he is entitled under the ordinary 2s rules of the indian civil service if he had not been appointed a judge, his service as a judge in india being treated as service therein, and (b) an additional pension of rs 1,400 per annum for each completed year of service for pension in the supreme court : 30 provided that the aggregate amount of his pension shall in no case exceed rs 20,000 per annum  part iii1 the provisions of this part apply to a judge who has held any pensionable civil post under the union or a state (but is not a mem-35 ber of the indian civil service) and who has not elected to receive the pension payable under part i 2 the pension payable to such a judge shall be-(a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a judge, his service as a judge in india being treated as service therein for the purpose of calculating that pension; and s (b) a special additional pension of rs 500 per annum in respect of each completed year of service for pension as a judge in india but in no case such additional pension together with the additional or special pension, if any, to which he is entitled under the ordinary rules of his service shall exceed rs 2,500 10 per annum under clause (2) of article 125 of the constitution, every judge of the supreme court is entitled to "such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament" but neither the privileges nor the allowances of a judge nor his rights in respect of leave of absence or pension can be varied to his disadvantage after appointment 2 this bill seeks to determine the rights of the judges of the supreme court in respect of leave of absence, pension and other conditions of service: 3 at present, a judge of the supreme court is entitled, during the whole period of his service in such court, to leave on medical certificate on rs 1,110 per month, to leave otherwise than on medical certi-ficate on rs 1,110 per month, and to extraordinary leave without allowances, in each case for a period of six months it is now proposed to allow them the same leave tenns as are admissible to high court judges with slight modifications they will now earn leave on half allowances for a period equal to one-fourth of the time spent on actual service subject to a maximum of three years during the entire period of service, leave on full allowances being treated as double the period of leave on half allowances the maximum amount of leave that may be granted at one time shall not exceed five months, in the case of leave on full allowances and sixteen months, in the case of leave on half allowances the aggregate amount of leave on full allowances which may be granted to a judge during the whole of period of service shall not exceed one-twentyfourth of the period spent by him on actual service leave not due may also be granted to a judge up to a specified limit with or without a medical certificate provided the judge is expected to return to duty and earn such leave extraordinary leave without allowances may be taken up to a period of six months during the entire period of service during leave on full allowances, the judge will be paid full salary for the first 45 days of such leave and rs 2,220 per month for the remaining portion of such leave during leave on half allowances, the judge will get rs 1,110 per month 4 no substantial change is proposed in the rates of pension hitherto admissible to the judges of the supreme court rates of pension have, however, been expressed in indian currency and not in sterling p:rovisioll has also been made that a judge would be entitled to a minimum pension of rs 7,500 per annum, if he is not entitled to any other pensjon 5 special provision has also been made to govern certain other subsidiary conclitions of service, such as medical attemlance facilities which are enjoyed by all government servants and which up to the eommencement of the constitution, were admissible to judges gf the pederal court ul\der parl\8l'aph 23 of the government of india (federal court) order, 1937 these matters will now bp provided for by rules to be made under the bill new delhi; g b pan'!' the 25,th a¥guat, lqj8 the bill provides for the rights of the judges of the supreme court in respect of leave of absence, pension and other conditions of service the leave terms admissible to judges have been improved and clause 9 of the bill prescribes the leave allowaneea payable to them this may involve some extra expendjture to (;()vemment but it is not possible to calculate the additional burdeft an thti aeeount the extra expenditure is not, however, expected to be appreciable clauses 13, 14, 16 and the schedule specify the amounts payable to judges as pension the rates of pension will be more or less the same as are now admissible to them under the government of india (federal court) order, 1937 it is, however, proposed to introduce a new provision assuring a minimum pension of ri 7,500 per annum to a judge this might lead to some extra ekpenditure but it is not possible to give any estimate of such expenditure clauses 22 and 23 (1) and 23 (2) provide for travelling allowances and facilities for rent-free houses and medical treatment the judges are already enjoying these facilities and no extra expenditure is likely to be caused on these accounts the bill, if enacted and brought into operation, might involve some additional expenditure it is not, however, possible to give any precise estimate of such expenditure, but it is not likely to be appreciable under article 112 (3) (d) of the constitution, any expenditure involved on account of this bill shall be charged on the consolidated fund of india  memorandum regarding delegated legislationclause 24 of the bill empowers the central government to makt: rules in respect of matters specified therein they relate, inter alia, to leave, pension and travelling allowances of judges, use of official residence by them and facilities for medical treatment and other subsidiary conditions of their service the matters in respect oi which rules may be made are of a routine and administrative character moreover, the rules to be made shall be laid both before the lok sabha and the rajya sabha and shall be subject to the scrutiny of parliament the delegation of legislative power is thus of a normal character  a billto regu]ate certain conditions of selvice cf the judges of the supreme court the president has, in pursuance ofcjauses (i) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill mn kaul, secretary (shri govind ballabh pant, minister of home affairs) 