5. Article 197 read with Part IV of the Second Schedule provides that while the existing emoluments and conditions of service of High Court Judges shall be preserved in the transition period, these may be amended by State legislation subject to the qualification that the salary of a Chief Justice shall not be less than Rs. 4000/- and that of a Puisne Judge less than Rs. 3500/-. On the consideration of the Chief Justices’ memorandum, the Special Committee has agreed to provide that the existing Judges in the High Courts should continue to get the same salaries as they were drawing immediately before the commencement of the constitution.
In regard to Supreme Court Judges, the effect of articles 104 and 308(1) read with Part IV of the Second Schedule is the same as in the case of High Court Judges, namely, that the salaries and conditions of service may be varied by Union legislation. The Special Committee have not agreed to extend to Supreme Court Judges the privilege which they are prepared to extend to High Court Judges, namely, to preserve the rights of Federal Judges on the date the constitution comes into force. The Home Ministry considers that there is no reason to differentiate between the High Courts and the Federal Court in this matter of salaries and considers that the salaries of all existing Judges both of the Federal Court and the Provincial High Courts should be guaranteed by constitution.
The Home Ministry is prepared, however, to make it a condition of all appointments made after the 1st November 1948 that the salaries will be subject to such changes as may be made by the appropriate legislative authority under the new constitution.
In regard to other conditions of service also, the Home Ministry considers that the existing rights should be preserved by the Constitution except in the case of appointments made after the 1st November 1948. Any variation either in salaries or other conditions of service of existing High Court Judges would not only not have any appreciable financial effect but would be unfair and create discontent and consequently would not be in the public interest.
It is not understood why, while the Constitution should provide a minimum salary for High Court Judges, it should not do so for Supreme Court Judges. The Home Ministry considers that a provision for a minimum salary for Supreme Court Judges should also be made. It accepts the figures mentioned in Section 10 of Part IV of the Second Schedule to the Draft Constitution