The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (Act no. 13 of 2016) was enacted by the Parliament of India in the 67th year of Republic of India with the aim and object to further amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 (Act no. 21 of 1954) and also to amend the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (Act no. 41 of 1958). The present Amending Act has received the assent of the honourable President of India on 21st day of March, 2016. The present Amending Act is containing separate provisions in connection with the two different Principal Acts of 1954 and 1958. There are three chapters in the Act, out of which the first chapter is containing the introductory or preliminary provisions, like short title and commencement of the provisions in this Amending Act.
The present Amending Act in its second chapter amends the provisions of the Act of 1954 and The Section 1(2) of the Amending Act specifically says that section 8 of the Act should be brought into force from 1st day of April, 2004, i.e. retrospectively. Section 8 after adding a new provision as Section 14A to the Act of 1954, says that the period of ten years shall be added for the purpose of pension and it shall be deemed to have came into force form 1st day of April, 2004 for service of Judge who is appointed as such Judge under sub- section (b) of Clause (2) of Article 217 of the Constitution of India.
Moreover, Amending Act jointly amends the provisions of both 1954 and 1958 Acts for providing casual leave for Supreme Court and High Courts’ Judges, which will be computed in eh given manner. Also, this Amending Act is also amending the Acts of 1954 and 1958 for providing that the Judges would have an option as to availing leaves on full, half or partly full or partly half allowances.
Also this Amending Act omits the provisions under the Act of 1954 which was providing for the allowance at the rate of 1110 rupees a month instead of salary, in connection with the joining time on his return from leave out of India.
As such, the present Amending Act brings very important changes in both the Principal Acts, i.e. the Act of 1954 and Act of 1958 dealing with the Salaries and Conditions of services of both, the Judges of Supreme Court of India and also Judges of High Courts.
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