Conditions of Service of Judges*

A Judge of the Supreme Court holds office until he attains the age of sixty-five years [Art.124(2)] , and a Judge of a High Court till the age of sixty-two years [Art.217(1)] . A Judge of the Supreme Court, after ceasing to hold that office, is debarred from practice throughout India [Art. 124(7)] . No person who, after the commencement of the Constitution, has held office as a permanent Judge of a High Court can plead or act within the jurisdiction of the High Court of which he was a Judge. He may, however, plead or act in the Supreme Court and other High Courts [Art. 220] .

The salaries of the Judges of the Supreme Court and of the High Courts have been fixed by the Constitution [Arts. 125(1) and 221(1) read with Part D of the Second Schedule] . A Judge of the Supreme Court is also entitled to a rent-free residence [See Second Schedule of the Constitution, para 9(2)] .The salaries and allowances of the Judges cannot be varied; it is only during the period of a Proclamation of Financial Emergency that the President may effect reduction therein. [Art. 360(4) (b)] .

Parliament is empowered to regulate by law the conditions of service relating to leave, pension and other privileges and allowances of the Judges of the Supreme Court and the High Courts, but these cannot be varied to the disadvantage of a Judge after his appointment [Arts.125(2) and 221(2)] .

There is no ban on the re-employment of retired Judges of the Supreme Court [L.S. Deb., 20-3-1970, U.S.Q. No. 3611] .

[ *Source: Page No. 941 to 942 of Practice and Procedure of Parliament. By Dr. Subhash C. Kashyap; Fourth Edition 1991. Published for Lok Sabha Secretariat ]