Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
Tag this Judgment!Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC199; [2002(92)FLR287]; JT2001(9)SC593; 2000(5)SCALE78; (2002)1SCC88; 2002(1)SCT225(SC)
..... salaries and allowances of members of parliament act, 1954 was amended by the salaries and allowances of members of parliament (amendment) act, 1976; thereby the principal act was renamed the salaries ..... not go into entry 73 of list i for we are in no doubt that such competence is conferred upon parliament by the residuary entry 97 of list i, and there is no provision in article 106 or elsewhere that bars the payment of pension to members of parliament. 9. ..... submitted that article 106 was an enabling provision and could not be read as imposing a bar upon the receipt of pensions by members of parliament. 8. ..... 246/1993, appearing in person, to the provisions of article 14 and it was submitted that there was discrimination in favour of members of parliament by giving them pension when, unlike judges, they were not subject to the process of ..... argument is that where pension is to be paid to a constitutional functionary, the constitution makes specific provision and that therefore, in not making such specific provision in regard to members of parliament under article 106, it must be assumed that they are not entitled to receive pension. 5. ..... says that judges of the supreme court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined. ..... allowances and pension of members of parliament act and section 8a was introduced giving to members of parliament pensions on their satisfying certain conditions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... of state (rajya sabha) and to section 156 and 157 wherein the said expression has been used in relation to a member of the legislative council of the state (vidhan parishad), the learned attorney general has also invited our attention to the provisons of the salary, allowances and pension of members of parliament act, 1954 wherein the expression 'term of office', as defined in section 2(e) covering members of the council of states as well as the house of the people, has been used in section 3 (salaries and daily allowances) section 4 (travelling allowances) section 6(2) (free transit ..... report of the committee, known as the santhanam committee, appointed by the government of india to suggest changes which would ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the bill which was enacted as the anti .....
Tag this Judgment!Court : Supreme Court of India
..... . the response of the constitutional adviser was as follows: the provision for the fixation of the salaries, allowances and pensions of the officers and servants of the supreme court by the chief justice of india in consultation with the president contained in clause (1) of article 122 is based on the existing provision contained in section 242(4) of the government of india act, 1935, as adapted ..... after consultation with the chief justice of india, transfer a judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order ..... " [435]. (3) the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of india, and any fees or other moneys taken by the court shall form part ..... judiciary. it was also pointed out, that the constitution (98th amendment) bill, 2003 proposed a seven-member national judicial .....
Tag this Judgment!Court : Supreme Court of India
..... to the provisions of this constitution and of any law made by parliament, the conditions of service of persons serving in the indian audit and accounts department and the administrative powers of the comptroller and auditor general shall be such as may be prescribed by rules made by the president after consultation with the comptroller and auditor general (6) the administrative expenses of the office of the comptroller and auditor general, including all salaries, allowances and pensions payable to or in respect of pensions serving in that office, shall be ..... sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of ..... vigilance minister on the from by commission commissioner (chairman recommendation - persons the president of the who are - ) committee or have date he on ground vigilance enters of proved commissioners been in office or misbehaviour (cvc act, leader of all india 65 or 2003) (not more opposition service or years, incapacity than2) in the lok civil whichever sabha service is (after sc s (section 3 with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659
..... (2) when a judge has been or is so transferred, he shall during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.primacy of the chief justice of india25. ..... it is clear from this provision that the judge's salary is protected by the constitution and the allowances and pension and other benefits conferred on him by the high court judges (conditions of service) act, 1954 are also protected by the proviso, in that, they cannot be varied to his disadvantage after his appointment. ..... constitutionally warranted in respect of the appointment of some other constitutional appointees by the president, namely, (1) the chairman and members of finance commission under article 280(1), (2) the chairman and members of public service commission in the case of union commission or a joint commission under article 316(1); (3) the chief election commissioner and other election commissioners under article 324(2); and (4) the chairman and other members of the commission representing the different languages specified in the eighth schedule under article 344(1); (5) the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC669; JT1988(3)SC499; 1988(2)SCALE370; (1988)4SCC121; [1988]Supp2SCR496; 1989(1)SLJ178(SC); 1988(2)LC761(SC); 1988(2)WLN344
..... every judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such allowances and rights as are specified in the second schedule:provided that neither the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his advantage after his ..... law is made, every such judge shall be entitled to such salaries, allowances and rights as are specified in the second schedule.7. ..... falls for determination in this order is whether consequent upon the improvement of the service conditions including pension and other benefits by the high court judges (conditions of service) amendment acts, 1986 and 1988 and pursuant to the office memoranda issued by the government of india, ministry of personnel, public grievances and pensions, department of pensions and pensioners welfare dated april 14, 1987 and april 16, 1987 the pension of the petitioner shri m.l. ..... every judge(a) ***** *****(b) who is not a member of the indian civil service but has held any other pensionable civil post under the union or a state, shall, on his retirement, be paid a pension in accordance with the scale and provisions in part iii of the first schedule; it is unquestionable that while the salary of judges of the high court is charged on the consolidated fund of the state, the pension of such high court judges is charged on the consolidated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC505; 1962(0)BLJR594; [1962]Supp1SCR505
..... 3, 1956, the respondent enquired of the accountant general of bihar about the number of passages to which he and the members of his family were entitled under the superior civil services (revision of pay and pension) rules, 1924 - hereinafter called the statutory rules. ..... by the amendment made in the rules in 1926, the passage benefit ceased to be a part of the salary and became and allowance or privilege ..... 19(4) of that act as inclusive of leave pay, allowances and the cost of any privileges or facilities provided ..... the right to passage benefits was statutory, and was under the indian independence act in the nature of an allowance, or in any event privilege or facility paid ..... 3 of the all india services act, 1951, and thereby passage benefits in favour of the members of the indian administrative service, who were originally members of the indian civil service were ..... the parliament of india enacted the all india services act, 61 of 1951, to regulate the recruitment, and the conditions of service of persons appointed, to the all india services common to the union and the states, and ..... in dealing with the status of the members of the former indian civil service since the indian independence act, 1947, this court in state of ..... all india services act, 61 of 1951, the all india services (overseas pay, passage and leave salary) rules, 1957. ..... inter alia as to remuneration under the government of india act of 1919 were expressly guaranteed in favour of the members of the indian civil service. .....
Tag this Judgment!Court : Supreme Court of India
..... who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers, and privileges of, but shall not otherwise be deemed to be, a judge of that high court: provided that nothing ..... to introduce the national judicial appointments commission ( njac ) through a constitutional amendment could not withstand the constitutional challenge in supreme court advocates-on-record association & ..... the resolution states as under:"resolved further that, keeping in view the large pendency of civil and criminal cases, especially criminal appeals where convicts are in jail and having due regard the recommendation made by the 17th law commission of india in 2003, the chief justices will actively have regard to the provisions of article 224a of the constitution as a source for enhancing the strength of judges to deal ..... pension; though the precise definition of "privileges" of an ad hoc judge was left to the parliament ..... whether a retired judge must consent to his appointment;2) whether a retired judge draws salary after his appointment as an ad hoc judge;3) whether the appointment of ad hoc judges ..... demon of patronage" and on the other hand views being expressed that it was possibly better to call back a retired judge instead of appointing a 44 member of the bar .....
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