Article 125

Article 125 of the Constitution of India establishes the constitutional framework governing the salaries, privileges, allowances, and rights of the Judges of the Supreme Court. It is a key provision ensuring the financial independence and security of the judiciary, which is indispensable for upholding the impartiality, autonomy, and dignity of the Supreme Court — the highest judicial authority in the country.
By constitutionally guaranteeing the financial conditions of judges, Article 125 safeguards them from executive or legislative influence, thereby strengthening the principle of judicial independence, which forms part of the basic structure of the Constitution.

Constitutional Provision

Article 125 provides:

1. Salaries of Judges:The salaries of the Judges of the Supreme Court shall be determined by Parliament by law. Until such legislation is enacted, the salaries are specified in the Second Schedule to the Constitution.
2. Privileges, Allowances, and Rights:The privileges, allowances, leave, and pension rights of judges are also subject to parliamentary determination. In the absence of specific laws, these are governed by the provisions of the Second Schedule.
3. Non-variation Clause (Protection Against Disadvantage):Article 125 expressly provides that no alteration in the privileges, allowances, or rights of a judge shall be made to his or her disadvantage after appointment. This constitutional safeguard ensures that a judge’s financial conditions cannot be adversely modified during tenure, thereby insulating the judiciary from political or economic manipulation.

Purpose and Constitutional Significance

The framers of the Constitution recognised that judicial independence depends not only on security of tenure but also on financial security. Article 125 was designed to guarantee that:

• Judges are financially independent of the executive, preventing any potential bias or external influence.
• Remuneration remains adequate, secure, and predictable, enabling judges to discharge their duties without concern for economic pressures.
• The non-variation clause acts as a constitutional safeguard against the possibility of using financial control to undermine judicial autonomy.

This article thus reflects the fundamental constitutional philosophy that the judiciary must remain independent, impartial, and beyond external control.

Determination of Salaries and Allowances

Initially, the salaries and privileges of Supreme Court judges were specified in the Second Schedule (Part D) of the Constitution. Over time, Parliament enacted several laws to update and rationalise the pay structure in keeping with inflation, economic growth, and evolving judicial responsibilities.
The High Court and Supreme Court Judges (Salaries and Conditions of Service) Act, 1954, as amended periodically, is the principal legislation governing:

• Salaries,
• Leave entitlements,
• Pensions and post-retirement benefits, and
• Other privileges, such as housing and allowances.

As of recent amendments, the Chief Justice of India and other judges of the Supreme Court receive salaries and allowances commensurate with their constitutional status, ensuring parity with senior positions in the executive and legislature.

Privileges and Allowances

Supreme Court judges enjoy several privileges and entitlements that support the dignity and independence of their office. These include:

• Official Residence and Allowances: Judges are provided official residences or suitable housing allowances.
• Leave and Pension Rights: They are entitled to earned leave, casual leave, and pension benefits as determined by Parliament.
• Medical and Travel Facilities: Comprehensive medical and travel allowances are granted to judges and their dependents.
• Security and Protocol Privileges: Judges receive protocol precedence, security, and administrative support in line with their constitutional position.

All such benefits are protected by law and cannot be reduced to a judge’s detriment after appointment.

The Second Schedule and Its Role

The Second Schedule (Part D) of the Constitution originally prescribed:

• The salary scales for the Chief Justice of India and other judges,
• Provisions relating to leave and pension, and
• Certain privileges and allowances.

Although Parliament has since enacted comprehensive legislation to replace these provisions, the Second Schedule continues to serve as a constitutional reference point for the financial entitlements of judges.

Protection Against Adverse Variation

The protection clause under Article 125 prohibits any alteration in a judge’s remuneration, privileges, or rights that would place them in a financially disadvantageous position after appointment.
This ensures that:

• Judicial independence is preserved from executive or legislative influence through economic leverage.
• Judges remain insulated from policy decisions that might otherwise affect their compensation during their tenure.
• Any revision to judges’ financial conditions applies prospectively, not retroactively.

The protection is an essential element of the constitutional framework ensuring security of office and impartial performance of judicial functions.

Judicial Interpretation and Case Law

The Supreme Court has, through various rulings, reaffirmed the link between financial security and judicial independence:

• State of West Bengal v. Union of India (1964):The Court recognised that the independence of the judiciary depends upon ensuring judges’ financial stability and insulating them from executive control.
• Supreme Court Advocates-on-Record Association v. Union of India (2016):The Court observed that adequate and secure remuneration is essential to uphold the independence, efficiency, and dignity of the judiciary.
• All India Judges Association v. Union of India (1993 & 2002):Though related to the subordinate judiciary, these cases underscored the principle that judicial officers at all levels must receive fair compensation to preserve judicial independence.

These judgments collectively emphasise that financial autonomy is an indispensable component of the constitutional guarantee of an independent judiciary.

Role of Parliament

Under Article 125, Parliament has exclusive power to:

• Determine and revise the salaries, allowances, and privileges of Supreme Court judges.
• Enact legislation defining conditions of service, including pensions and leave.
• Ensure that judicial remuneration evolves in keeping with economic realities and judicial responsibilities.

The legislative power, however, is circumscribed by the non-variation clause, ensuring that any law enacted cannot disadvantage sitting judges.

Historical Development and Revisions

Since the commencement of the Constitution, the salary structure and privileges of judges have undergone several revisions through:

• The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Acts,
• Recommendations of Judicial Pay Commissions, and
• Periodic reviews aligned with changes in administrative pay structures.

These revisions have sought to maintain financial parity between the judiciary and other high constitutional offices, reflecting the evolving economic and institutional context.

Contemporary Context and Recommendations

Over the years, several commissions and committees — such as the National Judicial Pay Commission and the Sixth Central Pay Commission — have recommended revisions to judicial salaries to ensure they remain fair and adequate.
Recent discussions continue to emphasise:

• The need to align judicial pay with the rising cost of living,
• The importance of adequate post-retirement benefits to discourage conflicts of interest, and
• The significance of financial independence as a safeguard for constitutional justice.

Significance of Article 125

Article 125 plays a pivotal role in preserving the integrity, impartiality, and independence of the Supreme Court. Its significance can be summarised as follows:

1. Ensures Financial Independence: Shields judges from financial pressures or external influence.
2. Protects Judicial Dignity: Guarantees fair and adequate remuneration for the highest judicial office.
3. Supports Separation of Powers: Prevents the executive and legislature from undermining judicial autonomy through economic means.
4. Strengthens Rule of Law: Ensures that the judiciary remains a neutral arbiter, independent of political or financial control.

Conclusion

Article 125 of the Indian Constitution is a cornerstone of the judiciary’s financial and institutional independence. By ensuring secure and non-variable salaries, privileges, and allowances for Supreme Court judges, it upholds the constitutional principles of judicial autonomy and separation of powers.