The Indian judicial system is one of the best globally because it follows a common law system. The pay scales of the judicial officers of the subordinate judiciary in India are directed by the judicial Pay Commission. The first national judicial pay commission is also known as the Justice Shetty Pay Commission. The supreme court directs the judicial Pay Commission to revise the pay scales of the judicial officers. The salary of the people practising law is decided by the pay commission. The allowances are also governed by this Pay Commission.
Indian Judiciary
The Indian judiciary was formerly known as the federal judiciary. The controlling authority of the Indian judiciary is the supreme court and high court. The main function of the Indian judiciary is to justify the administration and public interest litigation and guard the constitution.
The hierarchy of the courts in India is:
- Supreme Court
- High Court
- Subordinate Court
- Executive or Revenue Court.
Currently, the head of the judiciary is Justice Nuthalapathi Venkata Ramana, 48th Chief Justice of India. The chief justice of India is the top authority of the supreme court. The judicial officers manage the administration of the Indian judicial system. The governor appoints the judges of the subordinate judiciary by the recommendation of the High Court, and the president appoints the judges of the high courts and the supreme court on the recommendation of a collegium. The state government manages the executive and revenue courts with the help of the district magistrate and commissioner.Â
Second National Judicial Pay Commission
The second National judicial Pay Commission was formed in 2017 due to the supreme court’s order in the all India judges association case, under article 32, i.e., constitutional remedies. The second National Pay Commission was headed by Justice P Venkatarama Reddi, a former judge of the Supreme court.
The various objectives of the commission are:
- To evaluate the various principles which govern the pay structure of the judicial officers who belong to the subordinate judiciary all over the country.
- To recommend an interior relief to all the judicial officers the way the commission considers just and proper.
- To make certain recommendations, including setting up a permanent mechanism to review the payment and services conditions of members of the subordinate judiciary by an independent Commission.
- To consider the current condition of the services of the judicial officers of the state and union territories and make further recommendations that will include the post-retirement benefits.Â
Certain reports will be sent whenever the recommendations are finalised, and the commission will consider that. The commission is provided with the power to make its procedure and formula to accomplish the task. The second National judicial Pay Commission deposited its report on 4-2-2020, and copies were submitted to the supreme court and the state governments. The commission’s recommendations are under consideration. A decision will be taken after consultation with the department of expenditure, the finance ministry, and necessary orders will be provided to the union territories to make changes in the pay and allowance of the judicial officer.
First National Judicial Pay Commission
The first National Judicial Pay Commission came into force in 1996 because the Supreme Court of India gave the orders for the all India judges association case, presided over by Respected K Jagannatha Shetty, the Supreme Court’s former judge. It is also mentioned as the Shetty Commission. The first national judicial Pay Commission has given a considerable report in 1999 that covered the allowances, payments, conditions of the judicial officers’ service, and the aspects concerned about the court and administration of the judiciary. The recommendations given by the first national judicial Pay Commission were accepted by the central government because they were related to the judicial officers of the union territories, too, and therefore these recommendations were implemented by the Department of Justice for the judicial officers of the union territories following which all the state governments also implemented them. The salary structure and the allowances of the judicial officers are decided further after consultations. Some of the allowances include:
- The retirement age of the judicial officers should be increased up to 60 years.
- The transport facility should be made available to the Judiciary officers.
- Every judicial officer is to be provided residential accommodations.
ConclusionÂ
The judiciary is the most important aspect of a country. Protecting the laws and the supremacy of law is the principal role of the judiciary. It is essential to safeguard the rights of an individual. To solve disputes by the laws, the Judiciary is important. The guardian protector of the constitution and the fundamental rights is the judiciary. The judges involved in the judicial system must be impartial and shouldn’t be bothered by any external pressure. The controlling authority of the Indian judiciary is the supreme court and high court. The main function of the Indian judiciary is to justify the administration and public interest litigation and guard the constitution.