Election Judges - Bare Acts

Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 Section 14

Title: Special Provision for Pension in Respect of Judges Who Are Members of Service

State: Central

Year: 1958

.....as the case may be, Part III of the Schedule before the date on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the Schedule and any such Judge who dies before the date of such assent, shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.] ________________________ 1. Section 14 renumbered as sub-section (2) inserted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), Section.2 (w.r.e.f 1-10-1974).

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High Court Judges (Salaries and Conditions of Service) Act, 1954 Section 15

Title: Special Provision for Pension in Respect of Judges Who Are Members of Service

State: Central

Year: 1954

.....date on which the High Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.] ____________________________ 1. Section 15, renumbered as sub-section (1) thereof and after so renumbered sub-section new sub-section (2) inserted by Act 35 of 1976, Section 2 (w.r.e.f. 1-10-1974). 2. Substituted and deemed always to have been substituted, for the words 'pensionable civil service' by Act 57 of 1980, Section 4.

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Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 Section 13

Title: Pension Payable to Judges

State: Central

Year: 1958

Subject to the provisions of this Act, apension shall be payable in accordance with the provisions of Part I of theSchedule to a Judge of the Supreme Court on his retirement, if, but only if,-- (a) 1 [Omitted] (b) he has attained the age of sixty-fiveyears; or (c) his retirement is medically certifiedto be necessitated by ill-health. Explanation.--In this section,"Judge" means a Judge who is not a member of the Indian Civil Serviceor has not held any other pensionable civil post under the Union or a State andincludes a person who was in service as a Judge on the 20th May, 1954, and alsoincludes a Judge who being a member of the Indian Civil Service or having heldany other pensionable civil post under the Union or a State has elected toreceive the pension payable under Part I of the Schedule ________________________ 1.Omitted vide The High Court and Supreme Court Judges (Salaries and Conditionsof Service) Amdt Act, 2005. Previous text was " he has completednot less than seven years of service for pension as a Judge in India; w.e.f01.04.2004."

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High Court Judges (Salaries and Conditions of Service) Act, 1954 Section 14

Title: Pension Payable to Judges

State: Central

Year: 1954

.....to, that pension.] Explanation.--Inthis section, 'Judge' means a Judge who is not a member of the Indian CivilService or has not held any other 3 [pensionable post] under theUnion or a State and includes a Judge who being a member of the Indian CivilService or having held any other [pensionable post] under the Union or a Statehas elected to receive the pension payable under Part I of the First Schedule. ________________________ 1. Substituted for "sixtyyears" by Act 27 of 1964, Section 2 (w.r.e.f. 5-10-1963). 2.Inserted by theHigh CourtJudges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 5 (w.r.e.f. 1-11-1956). 3. Substituted, and deemed alwaysto have beensubstituted, forthe words "Pensionable Civil Post" by High Court and Supreme Court Judges (Conditions ofService) Amendment Act, 1980 (57 of 1980), Section 4.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter II

Title: Authorities for Disputed Elections

State: Central

Year: 1977

No election shall be called in question except by a petition presented in accordance with the provisions of this Act. Section 4 - Authority to try a petition (1) Every petition shall be tried by an Authority, constituted for the purpose by the Central Government by notification in the Official Gazette. (2) The Authority shall consist of a single member, who is a Judge of the Supreme Court, to be nominated in this behalf by the Chief Justice of India. (3) If for any reason a vacancy occurs in the office of member aforesaid, the Chief Justice shall, as soon as practicable, nominate a person to fill the vacancy, and thereupon the trial of the petition shall be continued as if that member had been the Authority from the commencement of the trial of such petition: Provided that the Authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

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High Court Judges (Salaries and Conditions of Service) Act, 1954 Amending Act 1

Title: High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005

State: Central

Year: 1954

.....as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.". 8. Amendment of section 16A In the Supreme Court Judges Act, in section 16A, in sub-section (1),-- (i) in clause (a),-- (A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted; (B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted; (ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted. 9. Amendment of section 23 In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent. of the salary plus thirty per cent of the dearness pay" shall be substituted. 10. Amendment of section 23B In section 23B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand" and "seven thousand five hundred" shall respectively be.....

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Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 Amending Act 2

Title: High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005

State: Central

Year: 1958

.....as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.". 8. Amendment of section 16A In the Supreme Court Judges Act, in section 16A, in sub-section (1),-- (i) in clause (a),-- (A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted; (B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted; (ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted. 9. Amendment of section 23 In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent. of the salary plus thirty per cent of the dearness pay" shall be substituted. 10. Amendment of section 23B In section 23B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand" and "seven thousand five hundred" shall respectively be.....

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Judges (Inquiry) Act, 1968 Section 3

Title: Investigation into Misbehaviour or Incapacity of Judge by Committee

State: Central

Year: 1968

.....to render the Judge unfit to continue in office. (7) If the Judge refuses to undergo medical examination considered necessary by the Medical Board, the Board shall submit a report to the Committee stating therein the examination which the Judge has refused to undergo, and the Committee may, on receipt of such report, presume that the Judge suffers from such physical or mental incapacity as is alleged in the motion referred to in sub-section (1). (8) The Committee may, after considering the written Statement of the Judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the Judge shall be given a reasonable opportunity of presenting a fresh written Statement of defence. (9) The Central Government may, if required by the Speaker or the Chairman, or both, as the case may be, appoint an advocate to conduct the case against the Judge.

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Presidential and Vice-presidential Elections Act, 1952 Part II

Title: Conduct of Presidential and Vice-presidential Elections

State: Central

Year: 1952

.....is taken, voles shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting, Section 11 - Declaration of results When the counting of the votes has been completed, the Returning Officer shall forthwith declare the results of the election in the manner provided by this Act or the rules made-thereunder. Section 12 - Report of the result As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the names of the person elected to the office of President or Vice-President, as the case may be.

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Presidential and Vice-presidential Elections Act, 1952 Amending Act I

Title: Presidential and Vice-presidential Elections (Amendment) Act, 1977

State: Central

Year: 1952

.....any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidate, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860.). 19.Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the.....

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