Actual Article
Article 125: Salaries, etc., of Judges
- Salaries of Judges:
- There shall be paid to the Judges of the Supreme Court such salaries as are specified in the Second Schedule.
- Allowances, Leave, and Pension:
- Every Judge shall be entitled to such privileges and 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 privileges, allowances, and rights as are specified in the Second Schedule:
- Provided that neither the privileges nor 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.
UPSC Notes for Article 125
Explanation:
- Salaries of Judges:
- Judges of the Supreme Court receive salaries as specified in the Second Schedule of the Constitution.
- The salaries are determined to ensure that judges are adequately compensated, promoting judicial independence and integrity.
- Allowances, Leave, and Pension:
- Judges are entitled to various allowances, leave rights, and pension benefits as determined by Parliament.
- Until Parliament enacts specific laws, these entitlements are provided as specified in the Second Schedule.
- The conditions related to allowances, leave, and pension cannot be altered to the disadvantage of a judge after their appointment, ensuring security and stability in their service conditions.
Key Points:
- Judicial Compensation: Ensures that judges are fairly compensated, promoting independence and impartiality.
- Stability and Security: Guarantees that the terms of service, once determined, cannot be altered to the detriment of the judges, ensuring stability and security in their tenure.
- Legislative Control: Parliament has the authority to determine the allowances, leave, and pension of judges, allowing flexibility to adapt to changing needs and circumstances.
Important Cases and Commissions Related to Article 125
Cases:
- S.P. Gupta vs. Union of India (1981): Highlighted the importance of judicial independence and the role of adequate compensation in maintaining the integrity of the judiciary.
- All India Judges’ Association vs. Union of India (1992): The Supreme Court emphasized the need for fair salaries and benefits for judges to ensure their independence and efficiency.
Commissions:
- Second Administrative Reforms Commission: Suggested reforms for improving the efficiency and effectiveness of the judiciary, including recommendations on salaries and allowances.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to ensure the financial independence and security of judges, highlighting the importance of adequate compensation.
Previous Year Prelims Questions Related to Article 125
- (UPSC Prelims 2017) The salaries of the Judges of the Supreme Court are specified in:
- A. The First Schedule
- B. The Second Schedule
- C. The Third Schedule
- D. The Fourth Schedule Correct Answer: B. The Second Schedule
- (UPSC Prelims 2019) Which of the following statements about the allowances and pension of Supreme Court judges is correct?
- A. They can be varied to the disadvantage of the judge after appointment.
- B. They are determined solely by the President.
- C. They are specified in the Second Schedule until Parliament determines otherwise.
- D. They are determined by the Chief Justice of India. Correct Answer: C. They are specified in the Second Schedule until Parliament determines otherwise.
Previous Year Mains Questions Related to Article 125
- Mains 2016: “Discuss the significance of Article 125 in ensuring the financial independence of the judiciary. How does this article contribute to maintaining the integrity and impartiality of the judges?”
- Mains 2019: “Analyze the role of Parliament in determining the allowances, leave, and pension of Supreme Court judges as outlined in Article 125. How does this legislative control impact the independence and functioning of the judiciary?”
Additional Insights:
- Ensuring Judicial Independence: Adequate salaries and benefits are crucial for maintaining the independence and integrity of the judiciary, preventing external influences.
- Legislative Flexibility: By allowing Parliament to determine the specific entitlements of judges, Article 125 provides flexibility to adapt compensation and benefits to current economic conditions and needs.
- Protection of Judges’ Rights: The provision that prevents the alteration of service conditions to the disadvantage of judges after appointment ensures that judges can perform their duties without fear of retribution or financial insecurity.
Understanding Article 125 is crucial for UPSC aspirants as it outlines the provisions related to the salaries, allowances, leave, and pension of Supreme Court judges, ensuring their financial independence and security. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that support the independence and integrity of the judiciary within India’s legal framework.