Article 221 of Indian Constitution: Salaries, etc., of Judges

12/20/20232 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Article 221 of the Indian Constitution deals with the salaries and allowances of judges in India. It is an important provision that ensures the independence and impartiality of the judiciary, which is a cornerstone of a democratic society.

The provision states that the salaries, allowances, and pensions of judges of the High Courts shall be determined by Parliament. This means that the remuneration of judges is not fixed by the executive or the judiciary itself, but by the legislative branch of the government.

This provision is crucial in maintaining the independence of the judiciary. By vesting the power to determine the salaries of judges in Parliament, it ensures that judges are not influenced or controlled by the executive or any other external factors. This separation of powers is essential for the proper functioning of a democratic society.

Furthermore, Article 221 also provides for the protection of the salaries and allowances of judges. It states that the salaries, allowances, and pensions of judges shall not be varied to their disadvantage after their appointment. This ensures that judges are not subject to arbitrary changes in their remuneration, which could potentially undermine their independence.

The provision also safeguards the financial security of judges. By protecting their salaries and allowances, it ensures that judges can carry out their duties without any fear of financial instability. This is crucial in attracting and retaining talented individuals to the judiciary, as it provides them with the necessary confidence and security to perform their duties effectively.

It is important to note that the determination of judges' salaries by Parliament does not mean that the judiciary is subservient to the legislature. The independence of the judiciary is still maintained, as the judiciary has the power of judicial review to ensure that the actions of the legislature are in accordance with the Constitution.

Article 221 also extends to the pensions of judges. It ensures that judges receive adequate pensions after their retirement, thereby recognizing their years of service and contribution to the judiciary. This provision is essential in providing financial security to retired judges and their families.

It is worth mentioning that the determination of judges' salaries by Parliament is not without criticism. Some argue that it compromises the independence of the judiciary, as judges may be influenced by the legislature in order to secure favorable salaries and allowances. However, it is important to note that the judiciary still has the power to interpret and apply the law independently, and the determination of salaries by Parliament does not infringe upon this power.

Overall, Article 221 of the Indian Constitution plays a crucial role in ensuring the independence and financial security of judges in India. By vesting the power to determine their salaries, allowances, and pensions in Parliament, it safeguards the judiciary from external influences and ensures that judges can carry out their duties without any fear or favor.

The provision recognizes the importance of an independent judiciary in upholding the rule of law and protecting the rights and liberties of the citizens. It is a testament to the commitment of the Indian Constitution to the principles of justice, fairness, and equality.