Actual Article
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 regard is so made, such salaries as are specified in the Second Schedule.
- Every judge shall be entitled, in respect of expenses incurred by him in the discharge of his duties, to such allowances as are specified in the Second Schedule.
- The salaries and allowances of the judges of each High Court are charged upon the Consolidated Fund of the State.
UPSC Notes for Article 221
Explanation:
- Salaries and Allowances of High Court Judges: Article 221 ensures that the salaries and allowances of High Court judges are clearly defined and protected. This financial stability is crucial for maintaining judicial independence by insulating judges from economic pressures that could influence their judicial decisions.
- Parliamentary Determination and Schedules: The salaries are determined by Parliament, reflecting the central role of the national legislature in standardizing judicial compensation across the country. Until such laws are made, the salaries and allowances are as specified in the Second Schedule of the Constitution.
- Charge on Consolidated Fund: The article also specifies that the salaries and allowances of High Court judges are charged upon the Consolidated Fund of the State, which underscores the security of these payments. This means that the salaries are guaranteed and do not require annual approval by the state legislature, further protecting the judiciary from potential financial manipulation or pressure by the legislative branch.
Key Points:
- Ensuring Judicial Independence: Secure and consistent compensation is key to ensuring that judges can operate independently of political or economic pressures.
- Uniformity Across States: By involving Parliament in setting these compensations, there is a uniform standard of remuneration for High Court judges across all states, promoting equity and fairness.
Important Cases and Commissions Related to Article 221
Cases:
- No specific landmark cases interpreting Article 221 have been noted, as this article deals with administrative and financial provisions that are typically straightforward.
Commissions:
- Law Commission of India: Might have reviewed issues related to judicial salaries and allowances, proposing updates to ensure they remain appropriate over time and keep pace with economic changes.
Important Reports Related to Article 221:
- Administrative Reforms Commission: May have considered how best to structure financial provisions for judges to support optimal judicial functioning.
Previous Year Prelims Questions Related to Article 221
- (UPSC Prelims 2016) What does Article 221 of the Constitution deal with?
- A. Appointment of High Court Judges
- B. Retirement age of High Court Judges
- C. Salaries and allowances of High Court Judges
- D. Powers of High Court Judges Correct Answer: C. Salaries and allowances of High Court Judges
- (UPSC Prelims 2018) Where are the salaries and allowances of High Court Judges charged?
- A. Consolidated Fund of India
- B. Consolidated Fund of the State
- C. Public Account of India
- D. State’s Public Fund Correct Answer: B. Consolidated Fund of the State
Previous Year Mains Questions Related to Article 221
- Mains 2016: “Discuss the significance of the provisions related to the financial security of High Court Judges as per Article 221.”
- Mains 2019: “Evaluate the impact of charging judges’ salaries on the Consolidated Fund of the State as mandated by Article 221.”
Additional Insights:
- Financial Security and Judicial Function: Ensuring the financial security of judges through Article 221 is fundamental to safeguarding their independence and integrity, allowing them to render justice without external pressures.
- Balancing Autonomy with Accountability: While the article provides for financial autonomy, the involvement of Parliament in setting these terms adds a layer of accountability, ensuring that judges’ compensation remains in line with national standards and expectations.
Understanding Article 221 is crucial for UPSC aspirants as it highlights the constitutional protections related to the financial aspects of judicial service, which are essential for maintaining the independence and effectiveness of the judiciary. This knowledge is important for both preliminary and main examinations, deepening understanding of the governance structures that support judicial integrity.