Part V - The Union • Article

Article 125 Simplified: Salaries, etc., of Judges

Article 125 (Salaries, etc., of Judges) governs the salaries, allowances, and pensions of the Judges. It dictates that these financial provisions are determined by Parliament and charged to the Consolidated Fund of India, guaranteeing they cannot be altered to a judge's disadvantage during their tenure to protect their independence.

Official Text

[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

Simple Meaning

Explain Like Ten

To make sure judges can make decisions without fearing that the government will cut their pay, their salaries are set by Parliament and cannot be reduced while they are doing their job. Their pay is guaranteed!

Student Mode

Article 125 ensures the financial independence of Supreme Court Judges: (1) Salaries are determined by Parliament by law; (2) Second Schedule applies in the absence of a law; (3) Crucially, a judge's privileges, allowances, rights in respect of leave or pension cannot be varied to their disadvantage after appointment. The salaries are charged on the Consolidated Fund (Article 112) and cannot be voted on. The only exception is a Financial Emergency under Article 360.

Example

Even during a political dispute or budget shortfall, the government cannot cut a sitting Supreme Court judge's salary; under Article 125, it can only be reduced during a rare Financial Emergency.

Key Takeaway

Article 125 ensures that a judge's salary and benefits cannot be reduced after they are appointed.

FAQs

Can the government reduce a judge's salary during their term?

No. Article 125(2) explicitly prohibits any variation of a judge's privileges, allowances, leave, or pension to their disadvantage after their appointment.

Under what circumstance can a Supreme Court judge's salary be reduced?

The only exception is when a Financial Emergency is declared under Article 360 of the Constitution.

Quiz

A Judge's privileges, allowances, and salary cannot be varied to their disadvantage except during:

Answer: A Financial Emergency (Article 360)

Supreme Court judges' salaries are determined by which body?

Answer: The Parliament by law