Staff, round-the-clock security for 1 year post retirement — what new rules for SC judges say

New SC Judges Rules also entitle CJIs to rent-free govt accommodation for six months after retirement. Sources say SC sought these benefits for lifetime, but this was not accepted.

Supreme Court of India | ANI file photo

New Delhi: The Narendra Modi government Tuesday amended the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 — also known as ‘Supreme Court Judges Rules’ — to provide additional benefits to retired judges of the top court.

According to the notification issued by the Department of Justice, part of the Union Ministry of Law and Justice, new provisions have been added to the Supreme Court Judges Rules to extend these benefits to apex court judges for a period of one year after they demit office.

Sources in the Department of Justice told ThePrint that the government had received a request from the SC seeking additional benefits for former judges of the apex court. The request, pending with the government, was fast-tracked after Justice N.V. Ramana took it up with the ministry upon assuming charge as Chief Justice of India (CJI) in April 2021.

The government notification was issued less than three days before CJI Ramana demits office on 26 August.

Under the new rules, a retired CJI or a Supreme Court judge will now be entitled to a chauffeur — equivalent to one employed by the SC — and a secretarial assistant for a period of one year from the date of his or her retirement. 

Allowances for the staff will be at par with those of a regular Supreme Court employee, the notification read.

The modified rules also make a retired Supreme Court judge eligible for round-the-clock security cover at his/her residence, in addition to a 24/7 personal security guard, for a period of only one year after retirement.

Prior to the amendment Tuesday, a retired Chief Justice of India was entitled to round-the-clock security for lifetime. 

However, the government has also introduced a new rule that entitles a former CJI to rent-free Type-VII government accommodation in Delhi for a period of six months from the date of retirement — this accommodation will be different from the CJI’s officially designated residence.

A Type-VII government bungalow is usually allocated to sitting Members of Parliament who have also served as Union ministers in the past.

The preceding rules allowed a Chief Justice of India to retain the official government bungalow only for a period of one month after his/her superannuation.

Lastly, according to the amended rules, a retired CJI or a judge of the Supreme Court will now be entitled to protocol that would include courtesies at ceremonial lounges at airports.

What SC’s request to govt said

According to the above-mentioned sources, the Supreme Court had sought additional benefits for retired judges for lifetime.

“For a retired judge, the top court request said, he/she should be given a chauffeur and an attendant for as long as he/she lives. This was not accepted,” one of the sources told ThePrint.

Moreover, the apex court had also requested the government to allow the two staff members — chauffeur and secretarial assistant — to continue working with the spouse of the judge after the latter’s demise.

As for a former CJI, the request was to let him/her retain rent-free government accommodation for three years. “It was also requested that we provide appropriate security to the former CJI for lifetime. Apart from this, the top court had said that a driver, one attendant and an assistant should also be attached with a retired CJI, again for lifetime,” the source added.

Explaining the rationale behind the requests, a source from the Supreme Court told ThePrint: “There are several retired judges who end up living alone and have no help at all. We often have to reach out to high courts to assist former SC judges in case of an emergency.”

(Edited by Amrtansh Arora)