Article 221 of the Costitution of India with Case law
🔹 Article 221 of the Constitution of India
Title: Salaries, etc., of Judges
🔸 Text of Article 221
(1) There shall be paid to the Judges of each High 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 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 allowances and rights as are specified in the Second Schedule:
Provided that neither the salary nor the rights in respect of leave of absence or pension of a Judge shall be varied to his disadvantage after his appointment.
🔸 Explanation of Article 221
This Article deals with the remuneration and service conditions of the High Court Judges. It includes:
| Clause | Key Provision |
|---|---|
| 221(1) | Salaries to be determined by Parliament, or until then, as per Second Schedule. |
| 221(2) | Parliament may fix allowances, leave, and pension rights. But once appointed, no disadvantageous change can be made. |
🔸 Key Principles
✅ Parliamentary Power: Only Parliament (not State Legislature) can determine pay, allowances, leave, or pension of High Court Judges.
✅ Second Schedule: Acts as a default structure until Parliament legislates.
✅ Security of Tenure and Independence: Judges' pay and service conditions cannot be changed to their disadvantage post-appointment.
❌ No arbitrary reduction: This prevents executive or legislative overreach.
🔸 Relevant Case Laws on Article 221
🧑⚖️ Union of India v. Sankalchand Himmatlal Sheth, AIR 1977 SC 2328
Issue: Transfer of High Court Judges — whether it affects their service conditions.
Held: Judges cannot be put at disadvantage post-appointment under Article 221(2). Their salary and conditions must remain protected.
🧑⚖️ All India Judges' Association v. Union of India, (1992) 1 SCC 119
Though primarily about lower judiciary, the SC emphasized that financial security is a precondition for judicial independence — applying the principle behind Article 221 to the broader judiciary.
🧑⚖️ Sub-Committee on Judicial Accountability v. Union of India, AIR 1992 SC 320
The Court emphasized the independence of judiciary, including financial independence as guaranteed under Article 221.
🧑⚖️ Krishna Iyer, J. in S.P. Gupta v. Union of India, AIR 1982 SC 149
Noted that financial security and non-variable service terms are essential to uphold the constitutional autonomy of judges, aligning with Article 221.
🔸 Related Articles
| Article | Subject |
|---|---|
| Article 125 | Salaries of Supreme Court Judges |
| Article 221 | Salaries of High Court Judges |
| Second Schedule | Details of salaries, allowances, etc. |
| Article 50 | Separation of judiciary from executive (indirectly linked) |
🔸 Conclusion
Article 221 plays a vital role in:
Protecting the independence of High Court judges
Ensuring non-political determination of service conditions
Guaranteeing judicial integrity through financial and administrative stability
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