सं Samvidhan

The Constitution of India

Article 125

Salaries, etc, of Judges

Why this exists

This provision protects judicial independence by ensuring judges' financial security is not subject to political pressure or arbitrary changes by the government of the day. By letting Parliament fix salaries through law (rather than executive discretion) and banning disadvantageous changes after appointment, the framers aimed to shield judges from any temptation or threat linked to their pay, allowing them to decide cases without fear of financial retaliation.

How courts read it

Courts have generally read this Article as reinforcing the separation of powers and judicial independence, treating financial security as a structural safeguard rather than a mere service condition. While there isn't one single landmark case solely interpreting Article 125, courts have referenced it alongside Article 50 and judicial independence principles in discussions about the judiciary's autonomy, and have been cautious to distinguish 'disadvantageous' changes (barred) from beneficial revisions (permitted), such as pension enhancements or salary revisions under Acts like the High Court and Supreme Court Judges (Salaries and Conditions of Service) Acts.

Common misconceptions
  • Myth: Judges' salaries can be cut anytime by the government if it wants to save money.
    Fact: Article 125's proviso specifically prevents any reduction in a judge's privileges, allowances, leave rights, or pension after their appointment, though increases are allowed.
  • Myth: Judges' pay is entirely fixed forever by the Constitution and can never change.
    Fact: The Constitution only provides default salary figures (Second Schedule) until Parliament passes a law; Parliament can and does revise salaries and benefits, but only upward for existing judges, not downward.