State govts have enough money for freebies but cite financial crunch while paying judges: Supreme Court

New Delhi: The Supreme Court on Tuesday said it seems state governments have enough money to give freebies to people, who do not work, but they cite financial constraints when it comes to salary and pension of judges’ of the district judiciary.

A bench of Justices B R Gavai and Augustine George Masih made the oral observation as Attorney General R Venkataramani contended that the government has to consider financial constraints while taking a decision regarding the pay and retirement benefits of judicial officers.

The bench pointed at promises made by political parties ahead of the upcoming assembly polls in Delhi next month and also cited the Ladli-Behna Yojna by the Maharashtra government.

The AG contended that the pension liability of the government has burgeoned over the years. He stressed that financial constraints must be considered while deciding pay pension scales.

"In Delhi, we have announcements now from some party or the other saying they will pay Rs 2500 if they come to power," the bench said.

The AG submitted that freebie culture can be considered an aberration. He sought to draw the court's attention towards pragmatic concerns in connection with the financial burdens.

Amicus curiae senior advocate Parameshwar K, citing Article 309 of the Constitution, which gives the executive and the legislature the power to prescribe the service conditions of the judiciary, contended that the provision can't be construed to mean that the judiciary does not have any say in the matter.

"If we want a more diversified judiciary, I think we need to pay our judges better, and take care of our judges better," he said.

Citing the new pension scheme, the AG said the government had taken into account a wide range of factors including the cumulative financial burden on the state exchequer over a period of time.

The matter related to a plea filed in 2015 by the All India Judges Association. The court had previously observed that pension rates payable to district judges in India are meagre. The court would continue to hear the matter on Wednesday.