As you are aware, before the Constitution, we had the Federal Court as the highest court in India, of course subject to the Privy Council then. When the Constitution was framed and when it was inaugurated, provision was made in Article 124 that there shall be a Supreme Court of India. As you are aware, in Schedule II, Part-D, some provisions were made regarding the salaries to be paid to the Supreme Court Chief Justice and other Judges of the Supreme Court. In respect of certain matters, as for example leave, pension and certain other matters, (100) provision was made in Article 125. This is the position that was created under the Constitution. Now, about eight years have elapsed and a considerable amount of experience has been gathered. It is considered desirable that in respect of certain aspects of this question, namely, leave of absence, pension and certain other conditions of leave, we should have a law made by Parliament. That is the reason why Bill has been placed before this honourable House. In respect of all these three subjects, I should briefly point out what the present position is under the Constitution (200) and the need that has arisen for making some changes in the Schedule. It has been pointed out that leave can be granted to a Judge of the Supreme Court on medical certificate for a maximum period of six months and while he is on such leave, his pay or his allowances would be Rs.990 per mensem. Then, he can also go on leave otherwise than on medical certificate. There also, the total period was specified as six months and he would be entitled to get the same leave allowance, namely, Rs. 990 per mensem. (300) There might arise certain other circumstances when he would have to go on leave otherwise than under the two categories of leave which have been referred to by me just now. Technically, it is called, for the sake of convenience, as extraordinary leave. In the case of extraordinary leave which a Judge of the Supreme Court can take, a condition has been laid down that the total amount of such leave shall not exceed six months. In this particular case, in as much as he is going on leave, he will not be entitled to any leave allowance at all. (400) Here, I may also refer to the fact that in respect of conditions of service of all the High Court Judges, an Act was passed by Parliament known as the High Court Judges (Conditions of Service) Act. That was passed in 2004 Certain advantages or concessions were given to the High Court Judges. That Act is still in force. It has been very rightly re-adapted so far as the conditions consequent on the recent re-organization of States are concerned. Therefore, in respect of the High Court Judges, we have got the Act of 2004, (500) which we propose to amend in certain respects and a Bill in that respect will be considered by this hon. House immediately after this present item. Therein, we have followed a certain principle so far as the granting of leave is concerned. All the terms therein are fairer so far as High Court Judges are concerned than what they were in respect of the Supreme Court Judges. There, a system was followed and all that we have done in the present case is to take over that system and make it applicable to the Supreme Court Judges with a (600) few minor changes here and there. The policy or the practice that was followed there was this. Leave was to be calculated in terms of leave on half allowance. That was merely a technical circumstance. It does not in any way make any particular concessions. What was done was, a leave account was maintained and to the credit certain periods of leave were entered, and to the debit certain periods of leave which he took were also mentioned. I would point out that so far as the credit side is concerned, it has now been laid down that in respect of the (700) Supreme Court Judges also, there shall be a leave, and the highest amount of leave to which a Judge of the Supreme Court will be entitled will be one-fourth of the actual period of service; but we have laid down a further condition of restriction according to which the aggregate amount of leave will not exceed there years on the whole. Therefore, following a certain principle, this will be to the credit of the Supreme Court Judge. Then, so far as the taking of leave is concerned, certain rules have been laid down, and they are being adopted here. (800)
