What is Article 125 of Indian Constitution – Defination & Meaning

Article 125: Salaries, etc., of Judges (1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and,
📅 Part V – The Union
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Article Number

125

part

Part V – The Union

Status

Active

Bare Acts Text

Article 125: Salaries, etc., of Judges

  • (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.
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Full Definition & Explanation

Article 125 of the Indian Constitution deals with the salaries and privileges of Supreme Court judges. It mandates that the Parliament will decide the salaries for these judges through law. Until Parliament makes a decision, judges receive their salaries as specified in the Second Schedule of the Constitution. This ensures that judges are compensated fairly and can perform their duties without financial distractions. Additionally, Article 125 outlines the privileges and allowances that judges are entitled to, including leave of absence and pension rights. These benefits are also determined by laws made by Parliament. This provides a legal framework that ensures judges have the necessary support for their roles. Importantly, a safeguard is in place that prohibits any changes to a judge’s privileges or allowances that would disadvantage them after their appointment. The impact of this article is far-reaching. It not only ensures that judges are well-compensated but also helps maintain the independence of the judiciary. A secure financial status allows judges to make impartial decisions without fear of financial repercussions. Also, it underscores the importance of the judiciary in upholding the law and justice in India, as it promises judges a stable and respectful position within the government structure.

Historical Context

It mandates that the Parliament will decide the salaries for these judges through law. Until Parliament makes a decision, judges receive their salaries as specified in the Second Schedule of the Constitution. This ensures that judges are compensated fairly and can perform their duties without financial distractions. Additionally, Article 125 outlines the privileges and allowances that judges are entitled to, including leave of absence and pension rights. Article 125 of the Indian Constitution deals with the salaries and privileges of Supreme Court judges. These benefits are also determined by laws made by Parliament. This provides a legal framework that ensures judges have the necessary support for their roles.

Key Features

– Judges’ salaries are determined by laws made by Parliament.
– Until new laws are enacted, salaries follow the Second Schedule.
– Judges enjoy specific privileges and allowances as per law.
– Judges’ rights regarding leave and pensions are protected.
– Judges cannot have their privileges reduced disadvantageously post-appointment.

Importance & Impact

– Judges receive salaries that are determined by the Parliament’s laws.
– Safeguards ensure judges’ privileges cannot be reduced after appointment
– Fair compensation promotes the independence of the judiciary
– Judges have rights to leave and pension benefits defined by law.
– This article helps maintain public trust in the judicial system.

Sample UPSC Question

Consider the following statements about Article 125: 1. Salaries of Supreme Court judges are charged to the Consolidated Fund of India. 2. The salary of a Supreme Court judge can be reduced by Parliament by ordinary legislation. 3. Salaries of Supreme Court judges are specified in the Second Schedule of the Constitution. 4. Article 125(2) protects judges from reduction of service conditions during their tenure. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2 and 3 only

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct — Supreme Court judge salaries are charged to the Consolidated Fund. Statement 2 is wrong — Article 125(2) bars reduction of salary or service conditions to a judge’s disadvantage after appointment. Statement 3 is correct — salaries are in the Second Schedule. Statement 4 is correct — Article 125(2) is a specific protection for judicial independence.

Key Takeaways

✓ Parliament determines judges’ salaries by law
✓ Judges’ privileges cannot be reduced after appointment
✓ Judges have rights to leave and pension benefits.
✓ Fair compensation supports judicial independence
✓ This article helps maintain trust in the judiciary.

FAQs

Article 125 of the Indian Constitution deals with the salaries and privileges of Supreme Court judges. It mandates that the Parliament will decide the salaries for these judges through law. Until Parliament makes a decision, judges receive their salaries as specified in the Second Schedule of the Constitution. This ensures that judges are compensated fairly and can perform their duties without financial distractions.

This provides a legal framework that ensures judges have the necessary support for their roles. Importantly, a safeguard is in place that prohibits any changes to a judge’s privileges or allowances that would disadvantage them after their appointment. It not only ensures that judges are well-compensated but also helps maintain the independence of the judiciary.

A secure financial status allows judges to make impartial decisions without fear of financial repercussions. Also, it underscores the importance of the judiciary in upholding the law and justice in India, as it promises judges a stable and respectful position within the government structure.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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