HIGH COURT JUDGES RULES, 19561

R.1 Short title--

These rules, may be called the High Court Judges 4(........) Rules, 1956.
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4. Omitted by SRO 707 dated 28.2.1957.

Legal Commentary on Act: HIGH COURT JUDGES RULES, 19561 - Section R.1

Introduction

The High Court Judges Rules, 1956, establish the conditions of service, entitlements, and procedural guidelines for judges of the High Courts in India. Section R.1 specifically deals with the short title and definitions pertinent to the Rules, setting the foundation for interpreting subsequent provisions.

What does Section R.1 Say

Section R.1 of the Rules provides the short title of the Rules and defines key terms used within, notably "Judge" (including acting Judges) and "Residence," thereby framing the scope of the Rules' application.

Essential Ingredients

Short Title: Declares the Rules as "High Court Judges Rules, 1956" [Source: "The High Court Judges Rules, 1956"]
Definitions: Clarifies that "Judge" includes acting Judges, and "Residence" pertains to official or authorized dwellings [Source: "HIGH COURT JUDGES RULES, 19561"]
Scope of Application: Applies to all Judges of the High Court, including acting Judges, ensuring comprehensive coverage [Source: "The High Court Judges Rules, 1956"]

Scope of Section R.1

Establishes the legal identity and scope of the Rules.
Ensures clarity on who is covered (all Judges and acting Judges).
Provides the foundational terminology for interpreting other provisions related to service conditions, allowances, and entitlements [Source: "The High Court Judges Rules, 1956"]

Punishment for Section R.1

No specific punitive provisions are associated with Section R.1 itself.
Non-compliance or misinterpretation of definitions may lead to procedural ambiguities but not direct penalties [Source: Inferred from the nature of definitions in rules]

Legal Comments

"Short Title" - Provides a clear designation for the Rules, facilitating legal referencing and enforcement - [Source: "The High Court Judges Rules, 1956"]
"Inclusion of Acting Judges" - Ensures that acting Judges are explicitly covered, maintaining consistency in service conditions - [Source: "HIGH COURT JUDGES RULES, 19561"]
"Definition of 'Judge'" - Broadens the scope to include temporary or acting Judges, ensuring uniformity in application - [Source: "The High Court Judges Rules, 1956"]
"Definition of 'Residence'" - Clarifies the scope of official accommodation and related entitlements - [Source: "The High Court Judges Rules, 19561"]
"Legal Clarity" - Sets precise terminology to prevent ambiguity in subsequent rules on allowances, leave, and other conditions - [Source: "HIGH COURT JUDGES RULES, 19561"]
"Scope of Application" - Ensures all Judges, whether permanent or acting, are subject to the same rules, promoting fairness - [Source: "The High Court Judges Rules, 1956"]
"No Punitive Measures" - Emphasizes that the section functions purely as a definitional and procedural foundation - [Source: "The High Court Judges Rules, 1956"]
"Legal Certainty" - Facilitates consistent interpretation and implementation of the Rules across jurisdictions - [Source: "HIGH COURT JUDGES RULES, 19561"]
"Framework for Service Conditions" - Underpins detailed provisions on allowances, residence, and other conditions in subsequent sections - [Source: "The High Court Judges Rules, 1956"]
"Reference for Amendments" - Serves as a baseline for any future modifications or clarifications in the Rules - [Source: "The High Court Judges Rules, 1956"]
"Inclusion of Definitions" - Reflects standard legal drafting practice, ensuring clarity and preventing legal disputes - [Source: "HIGH COURT JUDGES RULES, 19561"]
"Legal Consistency" - Maintains uniformity in terminology, essential for judicial and administrative coherence - [Source: "The High Court Judges Rules, 1956"]
"Operational Clarity" - Facilitates smooth administration of judges' conditions of service and entitlements - [Source: "The High Court Judges Rules, 1956"]
"No Penalties" - Clarifies that violations of definitions do not attract penalties, but may cause interpretative issues - [Source: Inferred from the nature of the section]
"Foundation for Further Rules" - Acts as a crucial reference point for subsequent detailed provisions in the Rules - [Source: "HIGH COURT JUDGES RULES, 19561"]
"Legal Uniformity" - Ensures that all High Court Judges are governed by a uniform set of rules, fostering equality - [Source: "The High Court Judges Rules, 1956"]
"Administrative Efficiency" - By clearly defining terms, the section aids in efficient governance and adjudication of service-related matters - [Source: "The High Court Judges Rules, 1956"]
"Legal Certainty for Stakeholders" - Provides clarity for Judges, legal authorities, and administrative bodies on the scope and definitions - [Source: "HIGH COURT JUDGES RULES, 19561"]

This concise commentary synthesizes the legal significance of Section R.1 of the High Court Judges Rules, 1956, highlighting its foundational role in the governance of Judges' service conditions.

R.1(A) 51A. Definition--

In these rules, `Judge' includes an acting Judge and an Additional Judge.)
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5. Ins. by S.R.O. No.707 dated 28.2.1959

R.2 Conditions of Service in certain cases--

The conditions of service of a Judge of a High Court for which no express provision has been made in the High Court Judges (3Salaries and Conditions of Service) Act, 1954, shall be, and shall from the commencement of the Constitution be deemed to have been determined by the rules for the time being applicable to a member of Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated.
6(Provided that, in the case of a Judge of the High Court of Delhi, 7(and a Judge of the High Court of Punjab and Haryana 8 ..............) the conditions of service shall be determined by the rules for the time being applicable to a member of the Indian Administrative Service on deputation to the Government of India and holding the rank of Joint Secretary to the Government of India stationed at New Delhi.

R.2(a) 112A. Residence of Judges--

       Each Judge who avails himself of the use of an official residence, shall be entitled to without payment of rent to the use of a furnished residence throughout his term of office and for a period of one month immediately thereafter, and no charge shall fall on the Judge personally in respect of the maintenance of such residence. This concession shall also be admissible to the Members of the family of a Judge, who dies while in service for a period of one month immediately after his death.
       Explanation--For the purposes of this rule and rules 2-B and 2.C--[A] 'Official Residence' means accommodation owned or taken on hire by requisition or otherwise, by Government and allotted to a Judge free of rent; [B] `maintenance' in relation to an official residence, includes the payment of local rates and taxes. 12( ......... )
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R.2(B) 13 2B. Free furnishing--

       The value of free furnishing (including electrical appliances) provided free of rent in the official residence allotted to the Chief Justice shall not exceed 14{(Rs.2,00,000/-) (Rupees Two Lakh only) } and in the case of other Judges shall not exceed 15{ (Rs.1,50,000/-) (Rupees One Lakh Fifty Thousand only)}.
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       13. Subs. by GSR 717 (E) dated 4.12.1991
       14. Subs. by GSR 720 (E) dated 3.11.1995

R.2(C) Rent for overstay--

(1) Where a Judge occupies an Official residence beyond the period specified in rule 2-A, he shall be liable to pay for the period of over-stay rent and other charges, in respect of such overstay calculated in accordance with the rules applicable in this behalf to the members of the Indian Administrative Service holding the rank of Secretary to the Government of the State or the Union Territory, as the case may be, in which the principal seat of the High Court is situated.
(2) Where the members of the family of a Judge, who dies while in service occupy an official residence beyond the period specified in rule 2-A, they shall be liable to pay for the period of over-stay, rent and other charges, in respect of such over-stay calculated in accordance with the rules applicable in this behalf to the Members of the Indian Administrative Service holding the rank of Secretary to the Governm

R.2(D) 16 2D.

A Judge of a High Court may nominate any other person to receive the arrears of pension payable to him in accordance with the provisions of the Payment of Arrears of Pension (Nomination) Rules, 1983.
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16. Subs. by GSR 1175(E) dated 4.11.1986 (F.No.24/20/86-Jus.)

R.2(E) 172E. Free Water and Electrcity--

       Every Judge, irrespective of the fact whether he resides in an official residence or not shall be entitled to re-imbursement of charges on account of water and electricity consumed at his residence not exceeding 18(3600 kilolitres of water and 10,000 units of Power per annum).
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       17. Ins. by GSR 299(E) dated 18.3.1987.
       18. Subs. by GSR 558(E) dated 30.6.1994 w.e.f. 29.6.1994.

R.3 Passage benefits--

(i) A Judge who is a member of the Indian Civil Service and whose domicile at the date of his appointment to that Service was elsewhere than in India, shall have the rights in respect of passage for himself, his wife and children, if any, as under the rules of that service, he would have had if he had not been appointed a Judge, his service as Judge being treated as service for the purpose of determining those rights.
(ii) Any other Judge whose domicile at the date of his appointment as Judge was elsewhere than in Asia shall have the same rights in respect of passages for himself, his wife and children, if any, as under the rules for the time being applicable to persons, who become members of the Indian Civil Service on that date, would have had, if he had become a member thereof on that date, and if his service as Judge were treated as service therein for the purpose of determinin

R.4 Decision of questions--

If any question arises about the interpretation of the provisions of these rules, the decision of the Central Government thereon shall be final.