What is Article 125 of Indian constitution

www.hinsoli.com July 01, 2025

Article 125 of the Indian Constitution

Title: Salaries, etc., of Judges

📜 What Article 125 Says:

Article 125 deals with the salaries, allowances, and other service conditions of the Judges of the Supreme Court of India, including the Chief Justice of India (CJI) and other judges.

✅ Key Provisions Explained:

Salaries and Allowances:
- The CJI and other Supreme Court judges shall be paid such salaries as may be determined by Parliament by law.
- They are also entitled to allowances, leave, and pensions as prescribed by law.
Protection of Service Conditions:
- Once a judge is appointed, their rights to salary and service conditions cannot be changed to their disadvantage during their term.
- This means:
  - Parliament cannot reduce the salary or benefits of a sitting judge.
  - Exception: If there's a financial emergency under Article 360, then changes can be made.
Pension and Leave:
- These are also regulated by Parliament and can vary, but cannot be altered in a way that reduces a sitting judge’s entitlements.

🏛️ Why Article 125 Is Important:

Ensures judicial independence by providing financial security to judges.
Prevents executive or legislative pressure on judges through reduction of salary or perks.
Reflects the principle of separation of powers and the dignity of the judiciary.

🧾 Example:

If the Parliament enacts a new law increasing the salary of Supreme Court judges, it is valid under Article 125. But if it tries to reduce the existing salary of a sitting judge, it would be unconstitutional, unless there's a financial emergency declared under Article 360.