Lok Sabha Question No. 3180 (UNSTARRED), answered on 2024-08-09
Subject: Appointment and Amenities for Judges
Ministry: LAW AND JUSTICE
Asked by: Shri K Gopinath, Dr. M K Vishnu Prasad

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 3180

## TO BE ANSWERED ON FRIDAY, THE 09.08.2024

## Appointment and Amenities for Judges

## 3180. Dr. M K Vishnu Prasad: Shri K Gopinath:

Will the Minister of Law and Justice be pleased to state:

- (a) the steps taken/proposed to be taken by the Government on 133rd report of Parliamentary  Standing  Committee  on  Personnel,  Public  Grievances,  Law and Justice and the details of steps taken to conduct a feasibility study for establishing regional benches of the Supreme Court in the country;
- (b) the  steps  taken/proposed  to  be  taken  by  the  Government  to  ensure  social diversity  and  social  representation  in  the  appointment  of  judges  in  the Supreme Court and High Courts;
- (c) whether the Government is considering enhancing pay, allowances, pension, etc., for the judges of Supreme Court and High Courts; and
- (d) if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a): Article 130 of the Constitution of India provides that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

2. The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 133 rd Report inter-alia, recommended that the Supreme Court of India may invoke Article 130 of the Constitution for establishment of regional benches at four or five locations in the Country.

3. The Eleventh Law Commission in its 125 th Report titled 'The Supreme Court  -  A  Fresh  Look',  submitted  in  1988,  reiterated  the  recommendations made by Tenth Law  Commission in  its  95 th Report  for  splitting  the  Supreme Court into two namely (i) Constitutional Court at Delhi and (ii) Court of Appeal or  Federal  Court  sitting  in  North,  South,  East,  West  and  Central  India.  The Eighteenth  Law  Commission  in  its  229th  Report  submitted  in  2009  had  also suggested  that  a  Constitutional  Bench  be  set  up  at  Delhi  and  four  Cassation Benches  be  set  up  in  the  Northern  region  at  Delhi,  Southern  region  at Chennai/Hyderabad, Eastern region at Kolkata and Western region at Mumbai.

4. The matter was referred to the Chief Justice of India, who informed that after  consideration  of  the  matter,  the  Full  Court  in  its  meeting  held  on 18 th February,  2010,  found  no  justification  for  setting  up  of  benches  of  the Supreme Court outside Delhi. The Chief Justice of India had earlier conveyed similar views in August, 2007.

5. In Writ Petition WP(C) No. 36/2016 on establishment of National Court of Appeal,  the  Supreme  Court  vide  its  judgment  dated  13.07.2016  deemed  it proper to refer the aforementioned issue to Constitutional Bench for authoritative pronouncement. The matter is currently sub-judice in the Supreme Court.

(b): Appointment of Judges of the High Courts is made under Articles 217 and 224 of the Constitution of India, which do not provide for reservation for any caste or class of persons. The Government has, however, been requesting

the Chief Justice of High Courts that while sending proposals for appointment of  Judges,  due  consideration  be  given  to  suitable  candidates  belonging  to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in the appointment of Judges in High Courts.

(c) & (d): The pay, allowances, pension etc. in respect of Judges of Supreme Court and High  Courts  are  governed by The  Supreme  Court Judges  (Salaries and Conditions of service) Act, 1958 and The High Court Judges (Salaries and Conditions of service) Act, 1954 respectively.  The salary, pension and allowances of Judges of Supreme Court and High Courts were last revised w.e.f. 01.01.2016  consequent  upon  implementation  of  7th  Central  Pay  Commission recommendation  by  the  Government,  through  an  amendment  in  both  the applicable  laws  mentioned  above.Presently,  no  proposal  for  enhancing  pay, allowance and pension etc. for the judges of Supreme Court and High Court is under consideration of the Government.

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