Part VI - The States • Article

Article 221 Simplified: Salaries, etc., of Judges

Article 221 guarantees the financial independence of High Court judges. Their salaries are determined by Parliament by law (and until then, specified in the Second Schedule). Their allowances, leave, and pensions are also set by Parliament, with a strict guarantee that they cannot be changed to their disadvantage after they are appointed. These expenses are charged directly to the Consolidated Fund of the State.

Official Text

[(1) There shall be paid to the Judges of each High 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 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 allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect to leave of absence or pension shall be varied to his disadvantage after his appointment.

Simple Meaning

Explain Like Ten

To keep judges independent and free from government threats, the Constitution says their salaries and pensions are decided by Parliament and cannot be cut or changed to their disadvantage after they start their job.

Student Mode

Article 221 protects the financial independence of the judiciary. Salaries, allowances, leave rights, and pensions of High Court judges are determined by Parliament and charged to the Consolidated Fund of the State. Crucially, these conditions cannot be altered to a judge's disadvantage after their appointment, except during a Financial Emergency.

Example

If the state government is unhappy with a ruling of the Calcutta High Court, it cannot slash the sitting judge's salary or reduce their pension. Parliament alone has the power to determine HC judge salaries under Article 221, and no executive or legislative action can vary their allowances to their detriment during tenure.

Key Takeaway

Article 221 protects High Court judges' salaries, pensions, and allowances from being reduced after appointment, securing their financial independence from the state executive.

FAQs

Which fund pays the salaries and pensions of High Court judges?

Salaries and allowances of High Court judges are charged to the Consolidated Fund of the State, while their pensions are charged to the Consolidated Fund of India.

Can a High Court judge's salary be reduced during their tenure?

No, their salaries and allowances cannot be varied to their disadvantage after appointment, except during a Financial Emergency declared under Article 360.

Who has the authority to determine High Court judges' salaries?

Parliament has the exclusive authority to determine their salaries and allowances by law.