SC Judges- Benefits

While going through today’s newspaper, I came across one news item which really disturbed me.  The news is about how the people who are holding constitutional posts misuse their position. It has been reported that ex-Chief Justice of India (CJI) Justice UU Lalit during his tenure of 74 days as CJI was using the services of 40 people as his support staff at his official residence at 19, Akbar Road, New Delhi. After his retirement, there is as many as 28 support staff which include peons also, who is still working at his residence on Akbar Road.

Except for the number of support staff at Rashtrapati Bhavan or at the Prime Minister’s Office (PMO), no other constitutional post holder would have had such a large retinue of peons and support staff at their residence. As per available records, earlier CJIs, on average, had 12-15 support staff at the official residence and after retirement retained only two or three.

This prompted me to look into the rules, which govern the retirement of CJIs and other retired judges of SC.

In a notification issued in August 2022, the Department of Justice in the Union Law Ministry amended the rules regarding post-retirement benefits of  CJI and other judges of the Supreme Court. As per these amendments :

• A retired CJI will be entitled to a security cover round-the-clock at their residence in addition to a 24X7 personal security guard for a period of 5 years from the date of
• A retired SC judge will be entitled to 24X7 security cover at his residence in addition to round-the-clock personal security for a period of 3 years from the date of retirement.
• If a retired CJI or a retired judge of the SC is already provided a ‘higher grade’ security on the basis of threat perception ‘the higher grade security already provided shall continue’.
• A retired CJI will be entitled to a rent-free Type-VII accommodation in Delhi ( other than the designated official residence) for a period of six months from the date of retirement. Type VII accommodation is usually provided to sitting MPS who have been former Union Ministers.
• A retired judge of the SC will get domestic help and a chauffeur for a lifetime from the day of retirement.
• The ceremonial lounge facility at airports extended to retired CJI and retired SC judges will continue.
• A retired CJI or retired SC judge will be entitled to a residential ‘free of cost’ and reimbursement of telephone call charges or mobile phone or broadband or mobile data or data card not exceeding Rs 4,200 per month, plus taxes.
• The post-retirement benefits under this rule shall be admissible to the retired CJI or the retired judge of SC if no such facilities are availed from any High Court or from any other government body where the retired CJI or a retired judge has taken up any assignment after retirement.
• The expenditure on domestic help, chauffeur, secretarial assistance, and telephone reimbursement will be largely borne by the SC or an HC establishment.

Before the rules were amended in August 2022, the scenario was as mentioned below:

• Retired CJI and SC judges were given monthly monetary benefits to hiring guards, domestic helpers, and chauffeurs. The amount given would be discontinued. While retired CJIs were entitled to Rs 70,000 per month for this purpose, retired judges were provided Rs 39,000 per month.
• For one year after retirement, CJI and SC judges were also given chauffeur facilities and secretarial assistance.

The sanctioned strength of the SC is 34 judges and on average, three retire annually.

The government is one of the biggest litigants in the SC. There has been public debate on whether post-retirement benefits dangled by the government could influence the judicial work of serving judges.

Now the case of UU Lalit is really intriguing, as even one and a half months after retirement, he is holding on to the supporting staff numbering 28, where after retirement is only entitled to only domestic help, secretarial assistance, and chauffeur. Additionally, he has still not vacated his official residence which he was occupying as CJI, and he has not shifted to Type VII accommodation which he is entitled to for 6 months only.

It seems the judiciary is believing that they are above the law, and there are so many instances of these types happening, and generally, they do get away with all these types of misdeeds.

The same is the case with MPs, Ministers, and other elected representatives, who also think they are above the law.

Waiting for your views on this blog.

Anil Malik

Mumbai, India

27^th December 2022