The Constitution of India
Article 221
Salaries, etc, of Judges
(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 of leave of absence or pension shall be varied to his disadvantage after his appointment.
Why this exists
The framers wanted judicial independence protected through financial security. If judges' pay or benefits could be cut whenever a government was unhappy with their rulings, judges might feel pressured to decide cases to please those in power. By fixing salaries through law and protecting other benefits from being reduced after appointment, the Constitution insulates judges from this kind of pressure, letting them decide cases freely and fearlessly.
How courts read it
Courts have generally read Article 221 alongside similar provisions for Supreme Court judges (Article 125) as part of the constitutional scheme safeguarding judicial independence. The Second Schedule figures have been updated over time through parliamentary laws (like the High Court and Supreme Court Judges (Salaries and Conditions of Service) Acts), and courts have emphasized that any change affecting sitting judges' allowances, leave, or pension must not disadvantage them, reinforcing the non-retrogression principle in the proviso.
Common misconceptions
- Myth: A judge's salary can never be changed once they're appointed.
Fact: The proviso only protects allowances, leave rights, and pension from being reduced — not the salary itself, which Parliament can change through law for all judges, including sitting ones (though in practice salaries are typically only increased, not decreased). - Myth: Judges' pay is fixed forever by the Second Schedule and never updated.
Fact: The Second Schedule figures apply only until Parliament passes a law setting different amounts; Parliament has in fact revised judicial salaries and benefits multiple times through legislation.