Article 125 of the Costitution of India with Case law
Here is a detailed explanation of Article 125 of the Constitution of India, along with relevant case law:
📜 Article 125 – Constitution of India
Salaries, etc., of Judges
âś… Text of Article 125:
Clause (1):
There shall be paid to the Judges of the Supreme Court such salaries as are determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.
Clause (2):
Every Judge shall be entitled to such privileges, allowances and 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 salary of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
🧾 Key Points:
Article 125 ensures that the financial security and independence of the Supreme Court Judges is maintained.
Parliament is empowered to determine the salaries, allowances, leave, and pension.
Judges’ service conditions cannot be altered to their disadvantage after appointment — a protection to judicial independence.
Original salaries and allowances are also found in the Second Schedule of the Constitution.
⚖️ Important Case Laws on Article 125:
1. S.P. Gupta v. Union of India
Citation: AIR 1982 SC 149
Issue: Transfer and appointment of judges, and whether executive interference violated judicial independence.
Relevance to Article 125:
The Court observed that security of tenure and emoluments (Article 125) are essential components of judicial independence, and Parliament cannot reduce judicial salaries after appointment.
2. Supreme Court Advocates-on-Record Assn. v. Union of India (Second Judges Case)
Citation: (1993) 4 SCC 441
Observation:
The independence of the judiciary is maintained through protection of judges’ salaries, pensions and privileges under Article 125.
Reinforced that executive or legislative interference that affects these conditions would be unconstitutional.
3. Krishna Swami v. Union of India
Citation: (1992) 4 SCC 605
Context: Impeachment of judges.
Observation:
Even during proceedings of removal under Article 124(4), Article 125 ensures financial and institutional protection to prevent influence or pressure.
4. All India Judges’ Association v. Union of India
Citation: (1992) 1 SCC 119
Although this dealt with subordinate judiciary, the Court emphasized that adequate and fair remuneration is essential to maintain the independence and integrity of the judiciary — a principle that stems from Article 125 for higher judiciary as well.
🧠Summary Table:
| Aspect | Provision/Meaning |
|---|---|
| Salary of SC Judges | Determined by Parliament by law (Article 125(1)) |
| Allowances & Pension | Governed by Parliament or Second Schedule (Article 125(2)) |
| Protection Clause | Cannot vary salary/pension to Judge’s disadvantage after appointment |
| Judicial Independence | Financial security under Article 125 upholds constitutional independence of judiciary |
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