Part VI: The States
Chapter V - The High Courts in the States
Article 221: Salaries, etc., of Judges
Original Article:
(221) Salaries, etc., of Judges — 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.
Amendments:
1 Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for clause (1) (w.e.f. 1-4-1986).
Explanation:
Article 221 ensures that High Court judges receive secure salaries, allowances, and pensions as determined by Parliament, protecting their financial independence and maintaining judicial integrity.
Clause Headings:
1. Salaries of Judges
The salaries of High Court judges are determined by Parliament. In the absence of specific legislation, the Second Schedule of the Constitution provides the interim framework for salaries.
2. Allowances, Leave, and Pension Rights
Judges are entitled to allowances, leave, and pensions as determined by Parliament. These benefits cannot be diminished to a judge’s disadvantage post-appointment.
Historical Significance:
This provision reflects the framers' emphasis on ensuring judicial independence by protecting judges from financial or political pressures during their tenure.
Real-Life Examples:
Recent legislative actions, such as the increase in judicial salaries, demonstrate Parliament’s role in addressing inflation and ensuring that judicial compensation remains fair and adequate.
Frequently Asked Questions (FAQs):
Determining salaries through Parliament ensures transparency, uniformity, and legislative oversight, reinforcing judicial independence.
The clause ensures that judges’ benefits cannot be reduced post-appointment, safeguarding them from financial or political influence.
Until Parliament enacts specific legislation, the Second Schedule of the Constitution provides the interim framework for salaries and allowances.
Debates and Deliberations:
During the Constituent Assembly discussions on Article 197 (now Article 221), Dr. B. R. Ambedkar highlighted the importance of securing judicial salaries and benefits to preserve judicial independence. Members unanimously agreed on the necessity of these safeguards, recognizing the correlation between financial security and impartial judicial functioning.