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President's
supreme gesture to judiciary
President
Chandrika Kumaratunga and Chief Justice Sarath N. Silva
By
Dharisha Bastians
Controversy
surrounds moves by the UPFA government to increase the
salaries of members of parliament and judges, with a
parliamentary debate regarding the matter on the cards soon.
The
proposal for a wage hike for members of the higher judiciary
has been afforded special priority by the coalition
government, with the cabinet paper having been submitted by
President Chandrika Kumaratunga on May 7, at one of the first
meetings following the swearing in of the new ministers.
The
President's cabinet paper sought approval to rectify the
salary anomalies of judges of the superior courts, allowing
them to claim arrears of over Rs. 600,000 each from as far
back as 2001. The proposals were duly approved by the UPFA
cabinet and the bill has now been placed on the parliamentary
order paper for debate. Kumaratunga's proposals relating to
salary anomalies in the judicial service were first presented
to the UNF cabinet of ministers on October 30, 2003 and again
on January 22 - both times the former cabinet did not conclude
the matter.
This
fact the judges are aware of and it transpires fresh
representations were made to the President by the Chief
Justice following the election of the new government.
Kumaratunga's
cabinet paper revealed that Chief Justice Sarath N. Silva and
several other judges of the superior courts have made repeated
representations to her about the fact that judges of minor
courts were drawing higher monthly salaries. The cabinet paper
says that the salary of a high court judge is almost Rs.
14,000 more than that of the Chief Justice.
If
parliament approves the rectification of these anomalies, it
will become effective as of January 1, 2001, allowing the
Chief Justice and 10 other judges of the Supreme Court to
claim over Rs. 600,000 each in arrears. The total amount to be
claimed in arrears, inclusive of payments due to Appeal Court
judges, will run into well over Rs. 6 million.
Interestingly,
the President in justifying a non pensonable special allowance
of Rs. 15,000 per month has said judges perform highly
responsible functions in the higher judiciary.
"The
Supreme Court in addition to exercising appellate jurisdiction
deals in constitutional matters pertaining to the supreme law
of the country and also a large volume of application under
fundamental rights," the President has said.
Next
on the government's agenda is a proposal put forward by the
UPFA's main coalition party, the JVP, to increase the salaries
paid to parliamentarians. The two proposals come amid growing
public discontent at the UPFA's inaction in terms of following
through on election pledges to increase the wages of public
servants by 70% and rectifying health sector anomalies and
protests by opposition legislators.
The
government's eagerness to effect a salary increase for
legislators is easily understood, given the penchant
politicians of this country possess for fattening their
pockets, suffering masses notwithstanding. However, the
special attention paid to the wages of members of the
judiciary, especially in light of the skyrocketing cost of
living and the increasing burden on the treasury, political
analysts say, reflects a perception within the UPFA that such
appeasement moves might make the judiciary look on the
government more favourably, thereby ensuring its political
survival. Several lawyers however expressed skepticism that
the judiciary would be swayed by such political manoeuvres.
What
is supremely ironic is that the government has moved subtly to
increase the salaries of the judges and the parliamentarians
whilst finding a multitude of reasons for not implementing
forthwith the manifesto pledge of a 70% salary hike for public
servants.
And
when it comes to salary anomalies, the health sector has been
agitating and striking on the same grounds with the government
having turned a deaf ear but has moved quickly to look after
its own interest and that of the judges whose favours they
want to win.
Then
again, when it comes to the health sector, what does it matter
if they strike because it is the poor man and woman who have
to suffer with the political fat cats having the option of
treatment at the private hospitals.
We
reproduce below the President's cabinet paper in full for the
benefit of our readers to draw their own conclusions.
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President's
cabinet memorandum
Rectification
of anomalies in relation to salaries and allowances
payable to judges of superior courts
A
final decision has not been made for the proposals in my
Cabinet Memoranda No. 03/1992/100/048 of 30.10.2003, and
No. 04/0135/100/048(i) of 22.01.2004, submitted to the
cabinet of ministers for rectification of salary
anomalies and provision of other facilities to the
judges, by the previous cabinet ministers. Three member
committee, comprising of Director General, Department of
Management Services, Additional Secretary, Office of the
Cabinet of Ministers and Additional Director General,
Department of National Budget, studied, the proposals
contained in the Cabinet Memorandum of 30th October
2003, and made the recommendations to the Secretary of
the Ministry of Finance.
Representations
have been made again by the Hon. Chief Justice and
Judges of the Superior Courts with regard to the serious
anomalies in relation to the salaries and allowances
payable to the Judges of Superior Courts. They have
pointed out that a High Court Judge, who was appointed
to the Court of Appeal recently, now draws about Rs.
22,500 less than a monthly gross salary he had drawn as
a judge of the High Court. The total earnings of this
judge in the month of March 2004, as a judge of the High
Court and in the month of April 2004, as a judge of the
Appeal Court are as follows:
My
attention has also been drawn to the fact that the gross
salary of a senior judge of the High Court is almost Rs.
14,000 more than the salary of the Chief Justice.
Therefore,
immediate attention of the cabinet of ministers is drawn
to take action to rectify these anomalies by approving
the following proposals:
Proposal
I - Adjustment of salaries
Anomalies
have been caused in the salaries of the Chief Justice,
judges of Supreme Court, Court of Appeal and High Court
as a result of the adjustment made in terms of PA
Circular 01/1999, to the salaries of secretaries to
ministries whose salaries were on par with the salary
scale of High Court judges. As a result of the increase
of salaries to secretaries, the maximum of their
salaries exceeded the fixed salaries of judges of Court
of Appeal and Supreme Court. Therefore, the salaries of
judges have to be revised in the following manner:
The
above increased salaries to be given w.e.f. 01.01.2001
Proposal
II - Stagnation benefit
By
the PA Circular 07/2003, stagnation in the maximum of
the salary scale has been removed. As a result, the
judges of the Court of Appeal and the Supreme Court, who
are on a fixed salary, with no annual increment, were
seriously affected as salaries of secretaries to
ministries, and High Court judges who are on incremental
scale, exceeded the salaries of the judges of the
Superior Courts. Therefore, it is suggested that the
judges of the Court of Appeal and the Supreme Court be
given an increment of 5% of the basic salary for each
year of service with effect 01.01.1997 as provided in
the said circular. In the similar manner, District
Judges (Special Grade) who are also drawing a fixed
salary should be given an annual increase of 3% of their
salaries in order to prevent a salary anomaly occurring
from district judges (Grade I) getting higher salaries
in terms of the said Circular.
Proposal
III - Special allowance (non-pensionable)
In
terms of PA Circular 01/1999, secretaries to ministries
are being paid a non-pensionable monthly allowance of Rs.
15,000 w.e.f. 01.01.1997. This allowance has been paid
considering the level of responsibility of secretaries
to ministries. It must be pointed out that judges also
perform highly responsible functions in the higher
judiciary. The Supreme Court in addition to exercising
appellate jurisdiction, deals in constitutional matters,
pertaining to the supreme law of the country and also a
large volume of applications under fundamental rights.
Similarly, the Court of Appeal and High Court,
exercising appellate jurisdiction, also attends to
matters relating to writs and bail applications, which
have to be concluded expeditiously. All these involve a
careful analysis of evidence, examination of documents
and study of comparative law before writing judgment.
Therefore, it is reasonable to pay the judges of
Superior Courts a special allowance similar to the
allowance paid to secretaries of ministries.
Proposal
IV - Rent allowance
On
a Cabinet Memorandum submitted by the former Minister of
Justice, the cabinet of ministers on 03.12.2003 has
decided that the judges of the High Court and judges of
the minor judiciary be given increased housing
allowances of Rs. 10,000 p.m, in addition to the
allowances in respect of vehicles and drivers.
Therefore, it is necessary that the rent allowance
payable to judges of Superior Courts which is fixed at
Rs. 4000 be increased to Rs. 12,000 p.m. with effect
from 01.01.2004, so that it will be Rs. 2000 more than
the allowance payable to judges of the minor judiciary.
Approval
of the cabinet of ministries is sought to implement the
proposals I, II, III and IV, above.
Chandrika
Bandaranaike Kumaratunga
President
7, May 2004. |
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