Chief Justices-CMs agenda: judges’ accountability out, their tax-free salary is in

The meeting of the executive and judiciary—this is only the third time such a conference has been held—will be inaugurated by Prime Minister Manmohan Singh.

Last month, the Government’s draft agenda for the conference focused on four items: modernisation of courts, decongesting, ‘‘alternative dispute resolution,’’ and ‘‘service conditions of judges including their accountability.’’

But in a note circulated on the eve of the conference—authorised by Chief Justice of India R C Lahoti—this item has been abridged as ‘‘service conditions of judges.’’

And under this head, two topics have been listed: enhancement of retirement age of high court judges from 62 to 65 (as with their Supreme Court counterparts) and facilities for retired judges of superior courts.

The bulk of the note is, in fact, devoted to what is headlined as ‘‘Additional items which may be proposed by Hon’ble the Chief Justice of India.’’ And most of the issues that have thus been added relate to the resolutions passed from time to time by conclaves of chief justices to get a better deal for judges.

These include the proposal mooted for the first time in September 2002 that the basic salary of the members of the higher judiciary should be be made tax free. As reported by The Indian Express then, the Chief Justices set up a three-member panel to examine the tenability of this radical idea.

This is the first time that this idea is being put before the Prime Minister and the Chief Ministers.

Besides this, the Chief Justices want the transfer allowance given to a judge to be similarly exempted from tax.

Incidentally, at the instance of the judicial establishment, the revised agenda for tomorrow’s conference also seeks a review of the policy in force since 1981 of appointing the chief justice of a high court from outside the state.

The only systemic reforms listed in the items to be proposed tomorrow by Justice Lahoti is that high courts be granted greater financial autonomy and that appointment of subordinate judicial officers be entrusted to high courts rather than public service commissions.