Status, salary and perquisites are tied in a complicated weave in government systems. Even if one frays, the weave can unravel.
With the Supreme Court having an improved set of perks for its judges, the government is compelled to extend the same to constitutional offices enjoying parity with SC judges, often causing the problem of privilege.
This situation resulted in the government seeking an alignment in salaries and emoluments of relevant constitutional and statutory bodies with that of the executive instead of the judiciary. At the heart of the matter is the growing disparity between perks and privileges.
How does this work? In August 2022, SC revised certain rules in its service conditions to provide for a chauffeur and a secretarial assistant to SC judges post-retirement.
This benefit is automatically deemed extended to EC, which enjoys parity with SC judges.
Until not so long ago, many others like the Union Public Services Commission, Central Vigilance Commission, the Central Information Commission, to name a few, had in their Acts and rules drawn equivalence to CEC. Which meant that they indirectly could enjoy the privileges of a SC judge.
The government has broken that 'rule link' to CEC for most of these offices over past few years and now it seeks through the CEC and Other Election Commissioners (appointment, conditions of service and term of office) Bill, 2023, to align the EC to the government framework as opposed to the higher judiciary.
Now, SC judges get a sumptuary allowance of about ₹34000 a month that is not taxed.
As opposed to one LTC (leave travel concession) in four years for government servants, SC judges are entitled to three in a year. With the latest changes last year, they get a paid chauffeur
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