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Section 44: Salaries, allowances and other terms and conditions of service of President and members of State Commission

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Act 2019
Section 43 All 107 Sections of Consumer Protection Act Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 authorizes the State Government to frame rules prescribing the salaries, allowances, and other terms and conditions of service of the President and members of the State Commission. It establishes the principle that financial independence and adequate remuneration are essential constitutional prerequisites for impartial adjudication.

  • State Rule-Making Competence: Vests power in the State Government to notify rules regulating pay structures, allowances, leave, medical benefits, and official accommodation for the State Commission bench.
  • Protection Against Prejudicial Variation: Prohibits the variation of salaries, allowances, and service conditions of the President and members to their disadvantage during their term of office.
  • Judicial Parity with High Court / District Judiciary: Aligns the salary and perquisites of the President with a sitting High Court Judge and judicial members with senior District Judges to safeguard institutional stature.
Key Landmark Precedents:
  • State of U.P. v. All U.P. Consumer Protection Bar Association (2017) 1 SCC 444: The Supreme Court held that State Governments bear a mandatory constitutional and statutory duty to provide adequate salaries, pensions, and infrastructure to State Commission members to prevent institutional decay.
  • Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193: Emphasized that non-diminution of judicial remuneration is a fundamental constitutional principle securing freedom from executive coercion.
Courtroom Practice & Strategic Litigation Guidance:

Litigants and bar associations can enforce compliance with Section 44 via writ petitions before the High Court where arbitrary executive budget cuts or delayed honorariums disrupt tribunal functioning.

Section 43 All 107 Sections of Consumer Protection Act Section 45