§ 33. Mr. Niall Macphersonasked the Under-Secretary of State for India whether High Court judges appointed from the Indian Civil Service, who are compelled to retire, will receive a proportion of the additional pension to which they would normally have been entitled on completion of 11½ years' service as judges or attainment of 60 years of age or 969 retirement on medical grounds before 60 years of age; and whether they will receive any compensation.
§ The Under-Secretary of State for India (Mr. Arthur Henderson)There is no question at present of any High Court Judges being compelled to retire. Their position is differentiated from that of members of the Civil Services by the fact that under the existing constitution they are independent of control by the Executive. The representatives of the future Dominion Governments of both India and Pakistan have agreed that the maintenance of the principle of an independent judiciary is of paramount importance and, at their request, there has been included in Section 10 (2, b) of the Indian Independence Act a guarantee of the conditions of service of the judges now in office, including their rights as respects their tenure of office. They have also agreed that these judges would be entitled to rank for the grant of proportionate pension if their constitutional position were to be altered so radically as to affect their independence. In these circumstances His Majesty's Government have decided that so long as the judiciary remain constitutionally independent of the executive High Court judges are ineligible for the grant of either proportionate pension or compensation.