For the last few months we are hearing/reading much more about INDIAN JUDICIARY, and the primary reason is that the Supreme Court and the High Courts cases are given very much importance in the print and other media. Sometimes I wonder, these judges are also public servants, whose salaries and other perks are being paid by the taxpayers of the country. But they do not behave and act like a salaried person, in the present scenario they behave like they are above all in the country and nobody should question them.
Given below are a few points, to illustrate that presently they are not in the same league as other pubic salaried class people:
1 Have you ever heard that any other wing of the Government of India goes on summer and winter vacations? Presently The Supreme Court is having two long vacations which are around 7 weeks of summer and 10 days of winter vacation, plus there is one week of vacation during Holi festival. It looks like the hangover of the British Raj is still continuing in Indian Judiciary. In the days of the British Raj because the judges were of British origin, and could not tolerate Indian summer, hence the concept of summer vacation, and the winter vacation concept was because of the period of Christmas and New Year was festive times for British people. But even after 75 years of Independence, the vacation period is continuing, and no one is questioning them. Agreed, the judiciary is one of the pillars of democracy but then why Judiciary should get special treatment?
2 If you The SC calendar of 2023, you will notice that they are working only for about 188 days, which is the balance of all vacations, Saturdays & Sundays, and public holidays. Which is a little more than 6 months. Can our country, which is a developing nation and emerging economy afford this type of luxurious working style?
3 The SC working hours are generally between 10 am to 5 pm, which is inclusive of lunch time, which is much less than normal working hours prevailing in the country.
4 As per the present estimates there are more than 60,000 cases pending in the SC. The right to speedy justice is a fundamental right guaranteed under Article 21 of the constitution. In 2018, a PIL was filed in the SC which asked “ Direct the Ministry of Law to take appropriate steps to implement the recommendations of the Law Commission Report No. 221, 230, and 245 and direct annual calendar in a way so that the courts function at least 225 days per year and six hours per day. As this PIL was directly affecting the SC judges, it did not get any suitable directive from the SC.
In my opinion, when there is something wrong somewhere in the system, you can approach the highest court. But here system of the highest court is defective, then how one can bell the cat? We have recently seen the tussle between the SC and the Law Ministry regarding the appointment of judges, and the matter is being prolonged because of high headedness of Judge’s collegium.
Let us see the salary and perks of the higher court judges
Chief Justice of India
Salary Rs 2,80,000 pm
Furnishing allowance Rs 10 lakh HRA-24% of basic salary, sumptuary allowance (for entertaining visitors) Rs 45,000 pm.
After retirement- Pension Rs 16.80 lakh per annum plus dearness relief. Gratuity Rs 20 lakh.
Judges of the Supreme Court
Salary Rs 2,50,000 pm
Furnishing allowance Rs 8 lakh. HRA 24% of basic salary. Sumptuary allowance Rs 34,000 pm.
After retirement- Pension Rs 15 lakh per annum plus dearness relief. Gratuity Rs 20 lakh.
Chief Justice of the High Court
Salary Rs 2,50,000 pm
Furnishing allowance of Rs 8 lakh. HRA 24% of basic salary. Sumptuary allowance 34,000 pm
After retirement- Pension Rs 15 lakh per annum per dearness relief. Gratuity Rs 20 lakh.
Judges of the High Court
Salary Rs 2,25,000 pm.
Furnishing allowance Rs 6 lakh .HRA 24% of basic salary. Sumptuary allowance Rs 27,000 pm.
After retirement- Pension Rs 13.5 lakh per annum plus dearness relief. Gratuity Rs 20 lakh.
From the above, it is seen that all the higher court judges are compensated very well during their service tenure and even after retirement. Still lakhs of cases are pending in the higher courts. Then what is the problem? In my opinion, the problem is with our judicial system, because cases drag on for years and years before they are settled. Secondly, there are too many PILs filed in the HC and the SC, which take away the time of the courts. There should be a law if any law/bill is passed by the legislature then the courts should not entertain any PIL against that law. Presently any Tom, Dick, and Harry can file a PIL if he does not like something done by the government. People should realize that the persons sitting in Parliament or State Assembly are chosen by the people of the country, and if they pass the law then that is it. Presently anyone attached to the political party who has voted against the particular bill/law will go and file the PIL after said bill/law is passed.
It is high time that the judiciary should step down from its high pedestal, and finalise the scheme in consultation with the Law Ministry about the reforms needed for the judicial system and the time frame to implement the same.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
6th February 2023.