Article 125 of the Indian Constitution is a crucial provision that deals with the emoluments and conditions of service for the Judges of the Supreme Court of India. It plays a vital role in securing the financial independence and dignity of the judiciary, which is considered a cornerstone of the Indian democratic setup. By entrusting the determination of these matters to Parliament through law and providing a safeguard against retrospective disadvantageous changes, the article aims to protect the judges from potential executive or legislative pressure regarding their compensation and terms of service.
This article ensures that the financial well-being of the judges is provided for in a manner that allows them to discharge their duties without fear or favour, contributing significantly to maintaining the independence and integrity of the highest court in the country.
Original Text
(1) There shall be paid to the Judges of the Supreme Court such salaries as are specified in the Second Schedule 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, allowances and 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 provision in that behalf is so made, to such privileges, allowances and rights in respect of leave of absence and pension as are specified in the Second Schedule:
Provided that neither the privileges nor the allowances, nor the rights in respect of leave of absence or pension of a Judge shall be varied to his disadvantage after his appointment.
Detailed Explanation
Article 125 consists of two clauses and a proviso, addressing the remuneration and other conditions of service for Supreme Court Judges.
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Clause (1) initially referred to the salaries specified in the Second Schedule. However, subsequent amendments and parliamentary laws have clarified that Parliament has the power to determine these salaries by law. The reference to the Second Schedule was intended for the transitional period until Parliament made a law. Currently, the salaries are determined by Acts of Parliament, such as the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, as amended from time to time. This empowers the legislature to fix the salaries, providing a clear mechanism for adjustments as needed.
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Clause (2) deals with other important aspects of a Judge’s service conditions: privileges, allowances, rights regarding leave of absence, and pension. Similar to salaries, this clause states that these matters “may from time to time be determined by or under law made by Parliament.” This means Parliament has the exclusive authority to legislate on these conditions. Until such a law is made, the conditions were initially as specified in the Second Schedule. Like salaries, these aspects are now primarily governed by parliamentary legislation.
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The Proviso attached to Clause (2) is a crucial safeguard for judicial independence. It mandates that “neither the privileges nor the allowances, nor the rights in respect of leave of absence or pension of a Judge shall be varied to his disadvantage after his appointment.” This means once a person is appointed as a Supreme Court Judge, their financial and service conditions relating to privileges, allowances, leave, and pension cannot be worsened during their tenure. This protection ensures that the executive or legislature cannot use the manipulation of these conditions as a tool to influence or pressure judges.
It is important to note that while the proviso protects against variations to the disadvantage, it does not prevent variations that are to the advantage of the judges. Also, the protection under this proviso concerning salaries is implicitly covered by the principle of fixing salaries by law under Clause (1) and the overall spirit of judicial independence.
An exception to this protection exists during a Proclamation of Financial Emergency under Article 360, where the salaries and allowances of all persons serving the Union, including Supreme Court Judges, can be reduced.
Detailed Notes
- Article 125 deals with the salaries, privileges, allowances, leave rights, and pension of Supreme Court Judges.
- Salaries (Clause 1):
- Originally referred to salaries specified in the Second Schedule.
- Presently, salaries are determined by a law made by Parliament.
- This power is vested in Parliament to adjust salaries as necessary.
- Privileges, Allowances, Leave, and Pension (Clause 2):
- These aspects are also determined by a law made by Parliament from time to time.
- Until Parliament legislates, the provisions were initially governed by the Second Schedule.
- Currently regulated by parliamentary laws (e.g., Supreme Court Judges (Salaries and Conditions of Service) Act, 1958).
- Proviso to Clause 2:
- Crucial safeguard for judicial independence.
- States that privileges, allowances, leave rights, or pension rights cannot be varied to a Judge’s disadvantage after their appointment.
- Protects judges from potential executive or legislative coercion through financial means during their tenure.
- Does not prevent variations that are to the Judge’s advantage.
- Judicial Independence: The provisions of Article 125, especially the proviso, are integral to maintaining the independence of the Supreme Court judiciary by securing their financial and service conditions.
- Financial Emergency Exception: The protection under Article 125 can be overridden during a Proclamation of Financial Emergency (Article 360), where salaries of all Union personnel, including judges, can be reduced.
- The article establishes a mechanism for determining and protecting the emoluments and service conditions, ensuring dignity and security for the judges of the apex court.
Additional Comments
- The actual salaries, allowances, and conditions are specified in specific Acts of Parliament passed under the authority of Article 125, not directly in the Constitution itself (except for the initial reference to the Second Schedule).
- Changes to salaries and other conditions are made through amendments to these parliamentary Acts.
- The principle of not varying conditions to disadvantage after appointment is a key aspect of the security of tenure and independence provided to judges.
- This article is mirrored by Article 221 concerning the salaries, etc., of High Court Judges, with similar principles applying.
- The Second Schedule originally listed the fixed salaries at the commencement of the Constitution (e.g., Chief Justice ₹4,000, other Judges ₹3,500). These figures have been significantly revised over time through parliamentary legislation.
Summary
Article 125 of the Indian Constitution empowers Parliament to determine the salaries, privileges, allowances, rights regarding leave of absence, and pension for the Judges of the Supreme Court by law. It ensures that these conditions, specifically regarding privileges, allowances, leave, and pension, are not varied to a Judge’s disadvantage after their appointment, thereby safeguarding judicial independence. While Parliament has the authority to fix and revise these emoluments and conditions, the proviso acts as a protection against their detrimental alteration during a judge’s tenure, reinforcing the security of service for the judiciary. An exception exists during a financial emergency under Article 360.