THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS 
OF SERVICE) ACT, 1958 

―― 

ARRANGEMENT OF SECTIONS 

SECTIONS 

1. Short title. 

2. Definitions. 

―― 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

LEAVE 

3. Kinds of leave admissible to a Judge. 

4. Leave account showing the amount of leave due. 

4A. Leave encashment. 

5. Aggregate amount of leave which may be granted. 

5A. Commutation of leave on half allowances into leave on full allowances. 

6. Grant of leave not due. 

7. Special disability leave. 

8. Extraordinary leave. 

9. Leave allowances. 

10. Combining leave with vacation. 

11. Consequences of over staying leave or vacation. 

12. Authority competent to grant leave. 

CHAPTER III 

SALARIES AND PENSIONS 

12A. Salaries of the Judges. 

13. Pension payable to Judges. 

13A. Benefit of added years of service. 

14. Special provisions for pension in respect of Judges who are members of service. 

15. Power of President to add to the service for pension. 

16. Extraordinary pension. 

16A. Family pension and gratuity.

16B. Additional quantum of pension or family pension. 

17. Pension payable to a Judge who was in receipt of pension at the time of appointment as such. 

18. [Omitted.]. 

19. Commutation of pension. 

20. Provident fund. 

20A. Deposit Linked Insurance Scheme. 

21. Authority competent to grant pension. 

CHAPTER IV 

MISCELLANEOUS 

22. Travelling allowance to a Judge. 

23. Facilities for rent-free houses and other conditions of service. 

23A. Conveyance facilities. 

23B. Sumptuary allowance. 

23C. Medical facilities for retired Judges. 

23D. Exemption from liability to pay Income-tax on certain perquisites received by a Judge. 

24. Power to make rules. 

25. Savings. 

THE SCHEDULE. 

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THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS 
OF SERVICE) ACT, 1958 

ACT NO. 41 OF 1958 

An Act to regulate 1[salaries and certain conditions of service] of the Judges of the Supreme 

Court. 

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:― 

[17th October, 1958.] 

CHAPTER I 

PRELIMINARY 

1. Short title.―This Act may be called the Supreme Court Judges 2[(Salaries and Conditions of 

Service)] Act, 1958. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

(a)  “acting  Chief Justice”  means  a Judge  appointed  under  article  126 of the  Constitution  to 

perform the duties of the Chief Justice of India; 

(b) “actual service” includes― 

(i) time spent by a Judge on duty as a Judge, or in the performance of such other functions 

as he may, at the request of the President, undertake to discharge; and 

(ii) vacations; 

(c)  “Chief  Justice”  means  the  Chief  Justice  of  India,  but  does  not  include  an  acting  Chief 

Justice; 

(d) “High Court” means the High Court for a State; 

(e) “Judge” means a Judge of the Supreme Court and includes the Chief Justice and an acting 

Chief Justice; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “service as a Judge in India” means service rendered  3[in the Supreme Court] and in one 
or more of the High Courts, and “Judge in India” and “service for pension as a Judge in India” 
shall be construed accordingly; 

(h) “service for pension” includes― 

(i) actual service; 

(ii) time spent by a Judge of a High Court in attending the sittings of the Supreme Court 
as an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as a 
Judge: 

4[(iii) the amount, actually taken, of each period of leave on full allowances at a rate equal 

1. Subs. by Act 18 of 1998, s. 5, for “certain conditions of service” (w.e.f. 1-1-1996). 
2. Subs. by s. 6, ibid., for “(Conditions of Service)” (w.e.f. 1-1-1996). 
3. Subs. by Act 13 of 2016, s. 18, for certain words (w.e.f. 5-4-2016). 
4. Subs. by Act 57 of 1980, s. 7, for sub-clause (iii) (w.e.f. 10-12-1980). 

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to the monthly rate of the salary;] 

(iv) “vacation” means such period or periods during a year as may be fixed as vacation by or 

under the rules of the Supreme Court made with the prior approval of the President. 

CHAPTER II 

LEAVE 

3. Kinds of leave admissible to a Judge.―(1) Subject to the provisions of this Act, leave granted 

to a Judge may be at his option either― 

1[(a) leave on full allowances (including commuted leave on half allowances into leave on full 

allowances on medical certificate); or] 

(b) leave on half allowances; or 

(c) leave partly on full allowances and partly on half allowances. 

(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as 

double that period of leave on half allowances. 

2[(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar 

year, for such number of days and subject to such conditions as may be prescribed.] 

4. Leave account showing the amount of leave due.―(1) A leave account shall be kept for each 

Judge showing therein the amount of leave due to him in terms of leave on half allowances. 

(2) In the leave account of a Judge― 

(a) there shall be credited to him― 

(i) one-fourth of the time spent by him on actual service; 3*** 

(ii) where the Judge, by reason of his having been detained for the performance of duties 
not connected with the Supreme Court, cannot enjoy any vacation which he would otherwise 
have been entitled to enjoy had he not been so detained, as compensation for the vacation not 
enjoyed,  a  period  equal  to  double  the  period  by  which  the  vacation  enjoyed  by  him  in  any 
year falls short of one month; 

4[(iii) where the Judge was, prior to his appointment as such, a Judge of a High Court, the 

period of leave earned by him as a Judge of the High Court, 5***; and] 

(b) there shall be debited to him all leave with allowances taken by him. 

(3) This section shall be deemed to have come into force on the 1st day of May, 1958. 

6[4A. Leave encashment.―A Judge shall be entitled in his entire service, including the period of 
service rendered either as a Judge of a High Court or in a pensionable post under the Union or a State 
or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement 7[in respect 
of the period of leave at his credit, calculated on full allowances basis,] to the extent of the maximum 

1. Subs. by Act 77 of 1971, s. 2, for clause (a) (w.e. f. 15-1-1972). 
2. Ins. by Act 13 of 2016, s. 19 (w.e.f. 5-4-2016). 
3. The word “and” omitted by Act 77 of 1971, s. 3 (w.e.f. 1-5-1958). 
4. Ins. by s. 3, ibid. (w.e.f. 1-5-1958). 
5. The certain words omitted by Act 7 of 1999, s. 7 (w.e.f. 8-1-1999). 
6. Ins. by s. 8, ibid. (w.e.f. 8-1-1999). 
7. Subs. by Act 13 of 2016, s. 20, for “in respect of the period of earned leave at his credit” (w.e.f. 5-4-2016). 

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period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.] 

5.  Aggregate  amount  of  leave  which  may  be  granted.―(1)  The  aggregate  amount  of  leave 
which may be granted to a Judge during the whole period of his service as such shall not exceed in 
terms  of  leave  on  half  allowances  three  years  1[including  the  period  credited  to  his  leave  account 
under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] together 
with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of 
section 4 as compensation for vacation not enjoyed. 

(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the 
whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on 
actual service together with one-half of the aggregate periods, if any, 2[credited to his leave account― 

(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and 

(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High 

Court.] 

(3)  3[Subject  to  the  provisions  of  sub-section  (2)  of  section  5A,  the  maximum  period  of  leave 
which may be granted] at one time shall be, in the case of leave on full allowances, five months and in 
the case of leave with allowances of any kind, sixteen months. 

4[5A.  Commutation  of  leave  on  half  allowances  into  leave  on  full  allowances.―(1) 
Notwithstanding  anything  contained  in  sub-section  (2)  of  section  5,  a  Judge  may  be  permitted  to 
commute  leave  on  half  allowances  into  leave  on  full  allowances  on  medical  certificate  up  to  a 
maximum of three months during the whole period of his leave as a Judge. 

(2) In computing the maximum period of leave on full allowances which may be granted at one 
time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him 
under this section shall not be taken into account.] 

6.  Grant  of  leave  not  due.―Subject  to  the  maximum  limit  specified  in  sub-section  (1)  of  

section 5, leave on half allowances may be granted to a Judge in excess of the amount at his credit― 

(i) on medical certificate; or 

(ii) otherwise than on medical certificate, for a period not exceeding six months, or for two or 
more periods not exceeding in the aggregate six months, during the whole period of his service as 
a Judge: 

Provided that no such leave shall be granted if the Judge is not expected to return to duty at the 

end of such leave and earn the leave granted. 

7.  Special  disability  leave.―Special  disability  leave  may  be  granted  to  a  Judge  under  such 

circumstances, on such allowances and for such periods as may be prescribed. 

8.  Extraordinary  leave.―Extraordinary  leave  may  be  granted  to  a  Judge  for  a  period  not 
exceeding six months, or for two or more periods not exceeding in the aggregate six months, during 
the  whole  period  of  his  service  as  a  Judge  in  excess  of  any  leave  permissible  under  the  foregoing 
provisions of this Chapter, but no salary or allowances shall be payable in respect of such leave. 

1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958). 
2. Subs. by s. 4, ibid., for “credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation 

not enjoyed” (w.e.f. 17-10-1958). 

3. Subs. by s. 4, ibid., for “The maximum period of leave which may be granted” (w.e.f. 17-10-1958). 
4. Ins. by s. 5, ibid. (w.e.f. 15-1-1972). 

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6 

 
 
 
 
1[9. Leave allowances.―The monthly rate of leave salary payable to a Judge shall be in accordance 

with the provisions of sub-section (1) of section 3.] 

10.  Combining  leave  with  vacation.―A  Judge  may  be  permitted  to  combine  vacation  on  full 

salary with leave, if― 

(a)  where  the  vacation  consists  of  one  continuous  period,  the  leave  is  taken  either  at  the 

commencement or at the end of the vacation but not at both; 

(b) where the vacation is divided into two periods, the leave is taken for the interval, or part of 
the interval, between the two periods of that vacation, or for the interval, or part of the interval, 
between the second period of that vacation and the commencement of the next ensuing vacation: 

Provided that no such permission to combine vacation with leave shall be granted, if it becomes 
necessary  to  appoint  an  acting  Chief  Justice  during  the  period  of  vacation  or  if  the  Judge  is  not 
expected to return to duty at the end of such leave. 

11. Consequences of over staying leave or vacation.―(1) If a Judge overstays his leave or any 
vacation, whether combined with leave or not, he shall receive no salary in respect of the period of his 
absence in excess of the leave granted to him or beyond the end of the vacation, as the case may be: 

Provided that, if such absence is due to circumstances beyond his control, the period thereof may 

be treated as leave and may be debited to his leave account. 

(2) Nothing in this Act shall be construed as requiring a Judge to rejoin on the expiration of the 
period of leave when that period expires immediately before the commencement of a vacation, nor as 
authorising any acting Chief Justice to continue to hold the acting appointment during the vacation. 

12. Authority competent to grant leave.―The authority competent to grant or refuse leave to a 
Judge  or  to  revoke  or  curtail  the  leave  already  granted  to  a  Judge  shall  be  the  President  who  shall 
exercise the power after consultation with the Chief Justice. 

CHAPTER III 

2[SALARIES AND PENSIONS] 

3[12A. Salaries of the Judges.―(1) There shall be paid to the Chief Justice of India, by way of 

salary, 4[ 5[two lakh eighty thousand rupees per mensem]]. 

(2)  There  shall  be  paid  to  a  Judge  of  the  Supreme  Court,  by  way  of  salary,  6[  7[two  lakh  fifty 

thousand rupees per mensem] ]. 

13. Pension payable to Judges.―Subject to the provisions of this Act, a pension shall be payable 
in accordance with the provisions of Part I of the Schedule to a Judge of the Supreme Court on his 
retirement if, but only if,― 

1. Subs. by Act 13 of 2016, s. 21, for section 9 (w.e.f. 5-4-2016). 
2. Subs. by Act 18 of 1998, s. 7, for the heading “PENSIONS” (w.e.f. 1-1-1996). 
3. Ins. by s. 7, ibid. (w.e.f. 1-1-1996). 
4. Subs. by Act 23 of 2009, s. 8, for “thirty-three thousand rupees per mensem” (w.e.f. 1-1-2006). 
5. Subs. by Act 10 of 2018, s. 6, for "one lakh rupees per mensem" (w.e.f. 1-1-2016). 
6. Subs. by Act 23 of 2009, s. 8, for “thirty thousand rupees per mensem” (w.e.f. 1-1-2006). 
7. Subs. by Act 10 of 2018, s. 6, for "ninety thousand rupees per mensem” (w.e.f. 1-1-2016). 

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(b) he has attained the age of sixty-five years; or 

(c) his retirement is medically certified to be necessitated by ill-health. 

2[Explanation.―In  this  section,  “Judge”  means  a  Judge  who    has    not    held    any    other 
pensionable post under the Union or a State and includes a person who was in service as a Judge on 
the  20th  May,  1954,  and  also  includes  a  Judge  having  held  any  other  pensionable  post  under  the 
Union or a State, who has elected to receive the pension payable under Part I of the Schedule.] 

3[13A. Benefit of added years of service.―Subject to the provisions of this Act, a period of ten 
years  shall  be  added  to  the  service  of  a  Judge  for  the  purposes  of  his  pension,  who  qualified  for 
appointment as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.] 

14. Special provisions for pension in respect of Judges who are members of service.―4[(1) 
Every  Judge  who  has  held  any  other  pensionable  post  under  the  Union  or  a  State  shall,  on  his 
retirement, be paid a pension in accordance with the provisions of Part III of the Schedule: 

Provided  that  every  such Judge  shall  elect  to  receive    the    pension  payable to him  either  under  
Part I of the Schedule, or as the case may be, Part III of the Schedule, and the pension payable to him 
shall be calculated accordingly.] 

5[(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section 
applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the 
proviso  to  that  sub-section  to  receive  the  pension  payable  to  him  under  6***    Part    III    of    the  
Schedule  before  the  date  on  which  the  Supreme  Court  Judges  (Conditions  of  Service)  Amendment 
Act, 1976 (36 of 1976), receives the assent of the President, cancel such election and elect afresh to 
receive the pension payable to him under Part I of the Schedule and any such Judge who dies before 
the date of such assent, shall be deemed to have elected afresh to be governed by the provisions of the 
said Part I if the provisions of that Part are more favourable in his case.] 

15.  Power  of  President  to  add  to  the  service  for  pension.―The  President  may,  for  special 
reasons, direct that any period not exceeding three months shall be added to the service for pension of 
a Judge, and any such period so added shall count for pension purposes― 

(a) in the case of a Judge who has served in the Supreme Court as Chief Justice, as service as 

Chief Justice; and 

(b) in the case of any other Judge, as service as any other Judge. 

16. Extraordinary  pension.―Extraordinary  pensions  and  gratuities  may  be  granted  to  a  Judge 

under such circumstances and on such scales as may be prescribed. 

7[16A. Family pension and gratuity.―8[(1) Where a Judge who, being in service on or after the 
commencement  of  the  High  Court  and  Supreme  Court  Judges  (Conditions  of  Service)  Amendment 
Act, 1986 (38 of 1986),― 

1. Clause (a) omitted by Act 46 of 2005, s. 6 (w.e.f. 1-4-2004). 
2. Subs. by Act 13 of 2016, s. 22, for the Explanation (w.e.f. 5-4-2016). 
3. Ins. by Act 46 of 2005, s. 7 (w.e.f. 1-4-2004). 
4. Subs. by Act 13 of 2016, s. 23, for sub-section (1) (w.e.f. 5-4-2016). 
5. Ins. by Act 36 of 1976, s. 2 (w.e.f 1-10-1974). 
6. The words and figures “Part II or, as the case may be,” omitted by Act 13 of 2016, s. 23 (w.e.f. 5-4-2016). 
7. Ins. by Act 36 of 1976, s. 3 (w.e.f 1-10-1974). 
8. Subs. by Act 38 of 1986, s. 8, for sub-section (1) (w.e.f.1-11-1986). 

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(a)  dies  before  retirement,  1[family  pension  calculated  at  the  rate  of  fifty  per  cent.  of  his 
salary] 2*** on the date of his death shall be payable to the person or persons entitled thereto and 
the amount so payable shall be paid from the day following the date of death of the Judge for a 
period of seven years or for a period up to the date on which the Judge would have attained the 
age of sixty-five years, had he survived, whichever is earlier,  3[and thereafter at the rate of thirty 
per cent. of his salary] 4***; and 

5[(b)  dies  after retirement  on  attaining  the  age  of  sixty-five  years,  6[family  pension  shall  be 

thirty per cent. of his salary] 2*** and shall be payable to the person or persons entitled thereto; 

(c)  dies  after  retirement  after  seeking  premature  retirement  and  before  attaining  the  age  of 
sixty-five  years,  family  pension  shall  be  calculated  at  the  rates  specified  in  clause  (a)  shall  be 
payable to the person or persons entitled thereto.] 

7[Provided  that  in  no  case  the  amount  of  family  pension  calculated  under  this  sub-section  shall 

exceed the pension payable to the Judge under this Act.] 

Explanation.―For the purposes of determining the person or persons entitled to family pension 

under this sub-section,― 

(i)  in  relation  to  a  Judge  who  elects  or  is  eligible  to  receive  pension  under  Part  I  of  the 
Schedule, the rules, notifications and orders for the time being in force with regard to the person 
or  persons  entitled  to  family  pension  in  relation  to  an  officer  of  the  Central  Civil    Services,   
Group „A‟, shall apply; 

(ii) in relation to a Judge who elects to receive pension under  8* * * Part III of the Schedule, 
the ordinary rules of his service if he had not been appointed a Judge with respect to the person or 
persons entitled to family pension shall apply and his service as a Judge being treated as service 
therein.] 

(2)  The  rules,  notifications  and  orders  for  the  time  being  in  force  with  respect  to  the  grant  of 
death-cum-retirement  gratuity  benefit  to  or  in  relation  to  an  officer  of  the  Central  Civil  Services,  
Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or 
in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being 
in  service  on  or  after  the  1st  day  of  October,  1974,  retires,  or    dies    in    circumstances    to    which 
section 16 does not apply, subject to the modifications that― 

(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two 

years and six months; 

(ii)  the  amount  of  gratuity  shall  be  calculated  on  the  basis  of  9[ten  days]  salary  for  10[each 

completed six months period] of service as a Judge; 11*** 

1. Subs. by Act 8 of 2003, s. 2, for certain words (w.e.f. 01.01.1996). 
2. The words “plus fifty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016). 
3. Subs. by Act 8 of 2003, s. 2, for “and thereafter at the rate of half of the family pension so admissible” (w.e.f. 1-1-1996). 
4. The words “plus thirty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016). 
5. Subs. by Act 32 of 1989, s. 7, for clause (b) (w.e.f. 30-8-1989). 
6. Subs. by Act 8 of 2003, s. 2, for “family pension shall be thirty per cent. of the pension eligible” (w.e.f. 1-1-1996). 
7. The proviso ins. by s. 2, ibid. (w.e.f. 1-1-1996). 
8. The words and figures “Part II or” omitted by Act 13 of 2016, s. 24 (w.e.f. 5-4-2016). 
9. Subs. by Act 7 of 1999, s. 9, for “twenty days” (w.e.f. 1-1-1996). 
10. Subs. by s. 9, ibid., for “each completed year” (w.e.f. 1-1-1996). 
11. The word “and” omitted by Act 20 of 1988, s. 5 (w.e.f. 1-1-1986). 

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1* 

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Explanation.―2[In  sub-section  (2)],  the  expression  “Judge”  has    the    same    meaning    as    in  

section 13.] 

3[16B.  Additional  quantum  of  pension  or  family  pension.―Every  retired  Judge  or  after  his 
death, the family, as the case may be, shall be entitled to an additional quantum of pension or family 
pension in accordance with the following scale:― 

Age of Pensioner or family Pensioner 

Additional quantum of pension or family pension 

From eighty years to less than eighty-five years 

Twenty per cent. of basic pension or family 
pension 

From eighty-five years to less than ninety years 

Thirty per cent. of basic pension  or family 

pension 

From ninety years to less than ninety-five years 

Forty per cent. of basic pension or family 

pension 

From ninety-five years to less than hundred years 

Fifty per cent. of basic pension or  family 

From hundred years or more 

pension 

Hundred per cent. of basic pension or family 
pension.] 

4[Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional 
quantum of pension or family pension shall be, and shall be deemed always to have been, from the first 
day of the month in which the pensioner or family pensioner completes the age specified in the first 
column of the scale.] 

17. Pension payable to a Judge who was in receipt of pension at the time of appointment as 
such.―If, at the time of his appointment to the Supreme Court, a Judge is in receipt of a pension in 
respect of any previous service either as a Judge of a High Court or in any other pensionable civil post 
under the Union or a State, the pension payable to him under this Act shall be an additional pension 
for service in the Supreme Court equal to the difference between his original pension and the pension 
to  which  he  would  have  been  entitled under  this  Act,  if  his  service  in the  Supreme  Court  had  been 
rendered in continuation of the previous service for which his original pension was granted. 

18.  [Conversion  of  sterling  pension  into  rupees.]  Omitted    by    the    High    Court    and    the  
Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 25 
(w.e.f. 5-4-2016). 

19. Commutation of pension.―The Civil Pensions (Commutation) Rules for the time being in 

force shall, with necessary modifications, apply to Judges. 

1. Clause (iii) omitted by Act 20 of 1988, s. 5. (w.e.f. 1-1-1986). 
2. Subs. by Act 38 of 1986, s. 8, for “In this section” (w.e.f. 1-11-1986). 
3. Ins. by Act 23 of 2009, s. 10 (w.e.f. 1-1-2006). 
4. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021). 
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20. Provident fund.―Every Judge shall be entitled to subscribe to the General Provident Fund 

(Central Services): 

Provided that a Judge who  1*** has held any other pensionable civil post under the Union or a 
State  shall  continue  to  subscribe  to  the  provident  fund  to  which  he  was  subscribing  before  his 
appointment as a Judge: 

Provided  further  that  a  Judge  who  was  appointed  before  the  commencement  of  this  Act  may 
continue  to  subscribe  to  the  provident  fund  to  which  he  was  subscribing  immediately  before  such 
commencement. 

2[20A. Deposit Linked Insurance Scheme.―The Deposit Linked Insurance Scheme for the time 
being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every 
Judge whether he subscribes to the General Provident Fund (Central Services) or any other Provident 
Fund referred to in section 20.] 

21. Authority  competent  to  grant  pension.―Save  as  may  be  otherwise  expressly  provided  in 
the  relevant  rules  relating  to  the  grant  of  extraordinary  pensions  and  gratuities,  the  authority 
competent to grant pension to a Judge under the provisions of this Act shall be the President. 

CHAPTER IV 

MISCELLANEOUS 

22.  Travelling  allowance  to  a  Judge.―A  Judge  shall  receive  such  reasonable  allowance  to 
reimburse  him  for  expenses  incurred  in  travelling  on  duty  within the  territory  of  India  and  shall  be 
afforded  such  reasonable  facilities  in  connection  with  travelling  as  may,  from  time  to  time,  be 
prescribed. 

23. Facilities for rent-free houses and other conditions of service.―(1) Every Judge shall be 
entitled without payment of rent to the use of an official residence in  accordance with such rules as 
may, from time to time, be made in this behalf. 

3[ 4[(1A) Where a Judge does not avail himself of the use of an official residence, he may be paid 
every  month  an  allowance  equivalent  to  an  amount  of  twenty-four  per  centum  of  the  salary  which 
shall be increased at the rate of— 

(a) twenty-seven per centum, when Dearness Allowance crosses twenty-five per centum; and 

(b) thirty per centum, when Dearness Allowance crosses fifty per centum.] 5***]]. 

(2)  Every  Judge  and  the  members  of  his  family  shall  be  entitled  to  such  facilities  for  medical 

treatment and for accommodation in hospitals as may, from time to time, be prescribed. 

(3) The conditions of service of a Judge for which no express provision has been made in this Act 

shall be such as may be determined by rules made under this Act. 

6[(4)  Sub-sections  (1),  (2)  and  (3)  shall  be  deemed  to  have  come  into  force  on  the  26th  day  of 
January,  1950  and  sub-section  (1A)  shall  be  deemed  to  have    come  into  force  on  the  9th  day  of     
May,  1986  and  any  rule  made  under  any  of  the  said  sub-sections  may  be  made  so  as  to  be 

1. The words “is a member of the Indian Civil Service or” omitted by Act 13 of 2016, s. 26 (w.e.f. 5-4-2016). 
2. Ins. by Act 38 of 1986, s. 9 (w.e.f. 5-9-1977). 
3. Ins. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993). 
4. Subs. by Act 10 of 2018, s. 7 for “sub section (1A)” (w.e.f. 1-7-2017). 
5. The words “plus thirty per cent. of the dearness pay” omitted by Act 23 of 2009, s. 11 (w.e.f. 5-4-2016).  
6. Subs. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993). 

11 

 
                                                      
retrospective to any date not earlier than the commencement of the respective sub-section.] 

1[  2[23A. Conveyance facilities.―Every Judge shall be entitled to a staff car and  3[two hundred 

litres of fuel every month or the actual consumption of fuel] per month, whichever is less.]] 

23B. Sumptuary allowance.―The Chief Justice and each of the other Judges shall be entitled to 
a sumptuary allowance of  4[  5[forty-five thousand] ] rupees per month and  6[  7[thirty-four thousand]] 
rupees] per month respectively. 

23C. Medical facilities for retired Judges.―Every retired Judge shall, with effect from the date 
on  which  the  Supreme  Court  Judges  (Conditions  of  Service)  Amendment  Act,  1976  (36  of  1976) 
receives the assent of the President, be entitled, for himself and his family, to the same facilities as 
respects  medical  treatment  and  on  the  same  conditions  as  a  retired  officer  of  the  Central  Civil 
Services, Class I and his family, are entitled under any rules and orders of the Central Government for 
the time being in force.] 

8[  9[23D.  Exemption  from  liability  to  pay  Income-tax  on  certain  perquisites  received  by  a 

Judge.―Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961),― 

(a)  the  value  of  rent-free  official  residence  provided  to  a  Judge  under  sub-section  (1)  of 

section 23 10[or the allowance paid to him under sub-section (1A) of that section]; 

(b) the value of the conveyance facilities provided to a Judge under section 23A; 

(c) the sumptuary allowance provided to a Judge under section 23B, 

shall not be included in the computation of his income chargeable under the head “Salaries” under 
section 15 of the Income-tax Act, 1961 (43 of 1961).] 

11[(d) the value of leave travel concession provided to a Judge and members of his family.] 

24. Power to make rules.―(1) The Central Government may, by notification in the Official 

Gazette, make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:― 

(a) leave of absence of a Judge, including special disability leave; 

12[(aa) the number of casual leaves and the conditions subject to which it may be allowed 

under sub-section (3) of section 3;] 

(b) pension payable to a Judge, including extraordinary pensions and gratuities; 

(c) travelling allowances to a Judge; 

1. Ins. by Act 36 of 1976, s. 4 (w.e.f. 1-10-1974). 
2. Subs. by Act 38 of 1986, s. 10, for section 23A (w.e.f. 1-11-1986). 
3. Subs. by Act 20 of 1996, s. 2, for certain words (w.e.f. 11-1-1996). 
4. Subs. by Act 23 of 2009, s. 12, for “ten thousand” (w.e.f.16-3-2009). 
5. Subs. by Act 10 of 2018, s. 8, for “twenty thousand” (w.e.f. 22-9-2017). 
6. Subs. by Act 23 of 2009, s. 12, for “seven thousand five hundred” (w.e.f. 16-3-2009). 
7. Subs. by Act 10 of 2018, s. 8, for " fifteen thousand " (w.e.f. 22-9-2017). 
8. Ins. by Act 57 of 1980, s. 10 (w.e.f. 1-4-1975). 
9. Subs. by Act 20 of 1988, s. 6, for section 23D (w.e.f. 1-11-1986). 
10. Ins. by Act 72 of 1993, s. 3 (w.e.f. 9-5-1986). 
11. Ins. by Act 2 of 1994, s. 3 (w.e.f. 4-1-1994). 
12. Ins. by Act 13 of 2016, s. 27 (w.e.f. 5-4-2016). 

12 

 
 
                                                      
 
(d) use of official residence by a Judge; 

(e) facilities for medical treatment and other conditions of service of Judge; 

(f) any other matter which has to be, or may be, prescribed. 

1[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before 
each  House  of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be 
comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the 
session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule 
shall  thereafter  have  effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so, 
however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule.] 

25.  Savings.―Nothing  contained  in  this  Act  shall  have  effect  so  as  to  give  to  a  Judge  who  is 
serving as such at the commencement of this Act less favourable terms in respect of his privileges and 
allowances or his rights in respect of  leave of absence (including leave allowances) or pension than 
those to which he would have been entitled, if this Act had not been passed. 

1. Subs. by Act 36 of 1976, s. 5, for sub-section (3) (w.e.f. 1-10-1974). 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
THE SCHEDULE 

(See sections 13 and 14) 

PENSIONS OF JUDGES 

PART I 

1[1.  The  provisions  of  this  Part  apply  to  a  Judge  who  has  not  held  any  other  pensionable  post 
under  the  Union  or  a  State  and  also  apply  to  a  person  who  was  in  service  as  a  Judge  on  the  20th    
May,  1954  (28  of  1954),  and  to  a  Judge  who,  having  held  any  other  pensionable  posts  under  the 
Union or a State, has elected to receive the pension payable under this Part.] 

2. Subject to the provisions of this Part, the pension payable to a Chief Justice to whom this Part 

applies 2*** shall be an amount equal to the sum of the following amounts, that is to say,― 

(a) an amount equal to the pension which would have been payable to him in accordance with 
the scale and provisions in Part 1 of the First Schedule to the High Court Judges (Conditions of 
Service) Act, 1954 (28 of 1954), if his service as a Judge had been rendered as the Chief Justice of 
a High Court; 

(b) an additional amount of 3[ 4[Rs. 34,104] ] per annum for each completed year of service as 
the  Chief  Justice  of  the  Supreme  Court  until  he  has  become  entitled  to  a  pension  of  5[  6[Rs. 
10,34,040]  ]  per  annum,  and  thereafter  an  additional  amount  of  7[  8[Rs.  86,884]  ]  for  each 
completed year of such service: 

Provided that the aggregate amount of his pension shall in no case exceed  9[  10[Rs. 16,80,000] ] 

per annum. 

3.  The  pension  payable  to  any  other  Judge  to  whom  this  part  applies  2***  shall  be  an  amount 
equal  to  the  pension  which  would  have  been  payable  to  him  in  accordance  with  the  scale  
and  provisions  in  Part    1  of  the  First    Schedule  to  the  High  Court  Judges  (Conditions  of  Service)    
Act,  1954  (28  of  1954),  if  his  service  as  a  Judge  had  been  rendered  as  the  Chief  Justice  of  a  High 
Court: 

11[Provided that the pension under this paragraph shall in no case exceed  12[  13[Rs. 15,00,000]  ] 

per annum.] 

4.  If  Judge  of  the  Supreme  Court  who  has  served  as  an  acting  Chief  Justice  thereof  is 
subsequently  appointed  Chief  Justice,  his  service  as  acting  Chief  Justice  shall,  for  the  purposes  of 
paragraph 2 of this Part, be treated as service as Chief Justice. 

1. Subs. by Act 13 of 2016, s. 28, for Paragraph 1 (w.e.f. 5-4-2016). 
2. The words “and who has completed not less than seven  years of service for pension as a Judge in India” omitted by     Act 

46 of 2005, s. 11 (w.e.f.1-4-2004). 

3. Subs. by Act 23 of 2009, s. 13, for “Rs. 6,030” (w.e.f. 1-1-2006). 
4. Subs. by Act 10 of 2018, s. 9, for „Rs. 12,180” (w.e.f. 1-1-2016). 
5. Subs. by Act 23 of 2009, s. 13, for “Rs. 1,82,820” (w.e.f. 1-1-2006). 
6. Subs. by Act 10 of 2018, s. 9, for “Rs. 3,69,300” (w.e.f. 1-1-2016). 
7. Subs. by Act 23 of 2009, s. 13, for “Rs. 15,360” (w.e.f. 1-1-2006). 
8. Subs. by Act 10 of 2018, s. 9, for “Rs.31,030” (w.e.f. 1-1-2016).  
9. Subs. by Act 23 of 2009, s. 13, for “Rs. 2,97,000” (w.e.f. 1-1-2006). 
10. Subs. by Act 10 of 2018, s.9 for "Rs. 6,00,000" (w.e.f. 1-1-2016). 
11. The proviso inserted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986). 
12. Subs. by Act 23 of 2009, s. 13, for “Rs. 2,70,000” (w.e.f. 16-3-2009). 
13. Subs. by Act 10 of 2018, s. 9, for "Rs. 5,40,000" (w.e.f. 1-1-2016). 

14 

 
                                                      
 
1* 

2* 

3* 

* 

* 

* 

* 

* 

* 

PART III 

* 

* 

* 

* 

* 

* 

1. The  provisions  of  this  Part  apply  to  a Judge  who  has  held  any  4[pensionable  post]  under the 
Union or a State (but is not a member of the Indian Civil Service) and who has not elected to receive 
the pension payable under Part 1. 

2. The pension payable to such a Judge shall be― 

(a)  the  pension  to  which  he  is  entitled  under the  ordinary  rules  of his service  if  he  had  not 
been  appointed  a  Judge,  his  service  as  a  Judge  in  India  being  treated  as  service  therein  for  the 
purpose of calculating that pension; and 

(b) a special additional pension of  5[ 6[Rs. 45,016] ] per annum in respect of each completed 

year of service for pension as a Judge in India 7***. 

8[Provided that the pension under clause (a) and the additional pension under clause (b) together 
shall in no case exceed  9[  10[Rs. 16,80,000] ] per annum in the case of a Chief Justice and  11[  12[Rs. 
15,00,000] ] per annum in the case of any other Judge.] 

13* 

* 

* 

* 

* 

1. Paragraph 5 omitted by Act 46 of 2005, s. 11 (w.e.f. 1-4-2004). 
2. Paragraphs 6 and 7 omitted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986). 
3. Part II omitted by Act 13 of 2016, s. 28 (w.e.f. 5-4-2016). 
4. Subs. by Act 57 of 1980, s. 9, for “pensionable civil post” (w.e.f. 1-4-1975). 
5. Subs. by Act 23 of 2009, s. 13, for “Rs. 7,800” (w.e.f. 1-1-2006). 
6. Subs. by Act 10 of 2018, s. 9, for "Rs. 16,020" (w.e.f. 1-1-2016). 
7. The certain words omitted by Act 7 of 1999, s. 11 (w.e.f. 1-1-1996). 
8. The proviso ins. by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986). 
9. Subs. by Act 23 of 2009, s. 13, for “Rs. 2,97,000”(w.e.f. 16-3-2009). 
10. Subs. by Act 10 of 2018, s. 9 for "Rs. 6,00,000" (w.e.f. 1-1-2016). 
11. Subs. by Act 23 of 2009, s. 13, for “Rs.2,70,000” (w.e.f. 16-3-2009). 
12. Subs. by Act 10 of 2018, s. 9 for "Rs. 5,40,000" (w.e.f. 1-1-2016). 
13. Paragraphs 3 and 4 omitted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986). 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
