Introduction

Article 125 of the Indian Constitution deals with the provision of salaries, allowances, and other benefits for judges. It ensures that judges are provided with adequate financial support and security to uphold the principles of justice and independence.

Background

The framers of the Indian Constitution recognized the importance of an independent judiciary in ensuring the rule of law and protecting the rights of citizens. To safeguard the independence of judges, it was crucial to establish a system that would provide them with adequate remuneration and prevent any undue influence on their decision-making.

Article 125 was included in the Constitution to address these concerns and establish a framework for determining the salaries and allowances of judges.

Provisions of Article 125

Article 125 states:

"Salaries, etc., of Judges - The salaries and allowances of Judges of the Supreme Court shall be determined by Parliament by law and, until provision in that behalf is so made, shall be as specified in the Second Schedule. The Second Schedule specified the salaries of the Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts, and other judges of High Courts."

This provision grants the power to determine the salaries and allowances of judges to the Parliament. Until the Parliament enacts a specific law in this regard, the salaries and allowances are determined as per the Second Schedule of the Constitution.

Significance of Salaries and Allowances

The provision for salaries and allowances of judges is of utmost importance as it ensures the independence of the judiciary. Judges need to be free from any external influence or pressure to deliver impartial judgments. A fair and independent judiciary is crucial for upholding the principles of justice and protecting the rights of citizens.

By providing adequate salaries and allowances, the Constitution ensures that judges are not vulnerable to any form of corruption or manipulation. It helps in attracting and retaining talented individuals who possess the necessary qualifications and experience to serve as judges.

Role of Parliament

The power to determine the salaries and allowances of judges lies with the Parliament. It is the responsibility of the Parliament to enact a law that specifies the remuneration for judges. This law should take into account various factors such as the cost of living, inflation, and the importance of maintaining the independence of the judiciary.

The Parliament has the authority to review and revise the salaries and allowances of judges periodically to ensure that they remain fair and adequate. This helps in addressing any changes in economic conditions and maintaining the dignity and status of the judiciary.

Second Schedule

The Second Schedule of the Indian Constitution specifies the salaries of various categories of judges. It includes the Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts, and other judges of High Courts.

The salaries mentioned in the Second Schedule are determined based on the recommendations of various commissions and committees appointed by the government from time to time. These recommendations take into account the prevailing economic conditions, the responsibilities of judges, and the need to attract and retain competent individuals in the judiciary.

Importance of Judicial Independence

Judicial independence is a fundamental tenet of a democratic society. It ensures that judges are free from any external pressure or influence while deciding cases. The provision for salaries and allowances of judges plays a crucial role in maintaining this independence.

When judges are adequately remunerated, they are less likely to be susceptible to corruption or favoritism. They can focus on dispensing justice without any fear or favor, which is essential for upholding the principles of fairness and equality.

Furthermore, the provision for salaries and allowances also helps in attracting and retaining qualified individuals in the judiciary. It ensures that talented individuals are not deterred from pursuing a career in the judiciary due to financial constraints. This, in turn, helps in maintaining the quality and integrity of the judiciary.

Conclusion

Article 125 of the Indian Constitution establishes the framework for determining the salaries, allowances, and other benefits for judges. It ensures the independence of the judiciary by providing judges with adequate financial support and security. The provision for salaries and allowances is crucial in attracting and retaining qualified individuals and maintaining the integrity of the judiciary. The Parliament plays a vital role in enacting laws to determine the remuneration for judges, while the Second Schedule of the Constitution specifies the salaries for different categories of judges. Upholding the principles of judicial independence is essential for a just and democratic society, and Article 125 contributes significantly to this objective.