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Article 125 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 125 - Salaries, etc., of Judges

Part of the Constitutional Article

Part V

Article 125 is a part of Indian Constitution under Part V which deals with the Union. Article 125 addresses the salaries, allowances and other benefits for judges. The provision ensures that they receive sufficient financial support and security to maintain judicial independence and uphold justice. The makers of the Constitution understood that an independent judiciary is essential for upholding the rule of law and safeguarding the rights of the citizens.

Interpretation of Article 125 of Indian Constitution

Article 125 of the Constitution states - “1) There shall be paid to the Judges of the Supreme 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 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.”

According to Article 125 of Indian Constitution the salaries of Supreme Court judges are mentioned in the Second Schedule of the Constitution. The provision ensures that they receive adequate compensation to uphold judicial independence and integrity. The Judges are also entitled to various allowances, leave provisions and pension benefits which are subject to laws enacted by Parliament. In the absence of specific legislation, these entitlements continue as specified in the Second Schedule. It is mandated that the allowances, leave and pension terms cannot be altered to a judge’s disadvantage after their appointment to safeguard the stability and security of their service conditions. The provision provides fair compensation, promotes impartiality and allows Parliament the flexibility to adjust these entitlements to meet evolving needs and circumstances.

Conclusion

Article 125 of Indian Constitution lays down the framework for determining the salaries, allowances and other benefits of judges. The Second Schedule specifies the salaries of judges. It is to be noted that the Parliament holds the authority to enact laws governing their remuneration.

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FAQs about Article 125 of Indian Constitution

Article 125 is mentioned under Part V of the Constitution of India.

Article 125 deals with the salaries, allowances and other benefits of Supreme Court judges.

The salaries of Supreme Court judges are mentioned in the Second Schedule of the Indian Constitution.

The Parliament has the authority to determine the salaries, allowances and other benefits of judges through legislation.
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