📜 Article 221 of the Indian Constitution
Title: Salaries, etc., of Judges
🔹 Text Summary:
Article 221 deals with the salaries, allowances, and rights of High Court judges. It ensures financial security and post-retirement benefits to safeguard the independence of the judiciary.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | Judges of each High Court shall be paid such salaries as are determined by Parliament by law, and until then, as specified in the Second Schedule. |
| (2) | After retirement from a High Court, a judge shall not plead or act in any court or before any authority in India, except: |
| – The Supreme Court | |
| – Any High Court other than the one in which they served | |
| ✅ (This part is a cross-reference to Article 220 — restated for clarity) | |
| Proviso | The allowances and rights in respect of leave and pension of a High Court judge cannot be altered to their disadvantage after appointment. |
🧠 Key Takeaways:
| 🔑 Feature | ✅ Details |
|---|---|
| Salary of HC Judges | Fixed by Parliament (currently via the High Court Judges (Salaries and Conditions of Service) Act, 1954) |
| Allowances/Pension | Protected — cannot be reduced after appointment |
| Post-Retirement Practice | Limited — same rules as under Article 220 |
| Purpose | Ensures financial independence and avoids external influence on judges |
💰 Current Salaries (As per latest updates, may vary slightly):
| Designation | Monthly Salary (approx.) |
|---|---|
| Chief Justice of HC | ₹2,50,000 |
| Other HC Judges | ₹2,25,000 |
(Excluding housing, pension, and other allowances)
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 220 | Restriction on post-retirement practice |
| 221 | Salaries and service conditions |
| 125 | Salaries of Supreme Court judges |
| Second Schedule | Lists judicial salaries & privileges |
🏛️ Example:
If a judge is appointed to the Kerala High Court, their salary and allowances are determined by Parliament, and once appointed, those benefits cannot be reduced. After retirement, they cannot practice in Kerala, but may appear in the Supreme Court.
Here is a detailed 📊 comparison chart of Article 125 vs Article 221 of the Indian Constitution — focusing on Supreme Court (SC) vs High Court (HC) judges' salaries and service conditions:
📜 Article 125 vs Article 221: Salaries & Conditions of Judges
| Feature | Article 125 – Supreme Court | Article 221 – High Court |
|---|---|---|
| Constitutional Title | Salaries, etc., of Judges of the Supreme Court | Salaries, etc., of Judges of High Courts |
| Governs | Chief Justice & Judges of the Supreme Court | Chief Justice & Judges of High Courts |
| Who fixes salaries? | Parliament by law (e.g., Judges (Salaries) Act, 1958) | Parliament by law (e.g., High Court Judges Act, 1954) |
| Protection after appointment | Salary, allowances, pension cannot be altered to disadvantage after appointment | |
| Source of payment | From the Consolidated Fund of India | From the Consolidated Fund of the State |
| Mention of pension/leave | Included in Article 125(2) | Included in Article 221 Proviso |
| Post-retirement practice | ❌ Cannot practice anywhere in India after retirement (Article 124(7)) | ✅ Can practice in SC or other HCs (not the same HC) — per Article 220 |
| Current Monthly Salary (as of 2024) | ₹2,80,000 for Chief Justice of India | |
| ₹2,50,000 for other SC Judges | ₹2,50,000 for Chief Justice of HC | |
| ₹2,25,000 for other HC Judges | ||
| Additional Benefits | Housing, staff, travel allowance, medical benefits, pension | Same as SC, adjusted for State-specific provisions |
🧠 Key Differences in Simple Terms:
-
💰 SC judges are paid more and from the central budget, while HC judges are paid by the state.
-
⚖️ SC judges cannot practice law anywhere after retirement; HC judges have limited practice rights.
-
🛡️ Both are protected from any adverse changes to salary or benefits after being appointed.
📌 Related Laws:
-
The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
-
The High Court Judges (Salaries and Conditions of Service) Act, 1954
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