Oath, Salary and Conditions of Service of Supreme Court Judges

SC judges salary and other conditions of service are governed principally by Article 125 of the Constitution, which places pay, allowances, leave and pension for Supreme Court judges on a footing that is deliberately insulated from ordinary political and financial pressure. Before entering office, every judge also subscribes to an oath or affirmation, undertaking to bear true allegiance to the Constitution and to perform judicial duties without fear, favour, affection or ill-will — a step common to Supreme Court judges as to other high constitutional functionaries.

Salary Fixed by Parliament

Article 125(1) provides that Supreme Court judges are paid such salaries as Parliament determines by law, and, until such provision is made, the salaries specified in the Second Schedule to the Constitution apply. This design gives Parliament the ordinary power to revise judicial pay through legislation rather than requiring a constitutional amendment for every revision.

Allowances, Leave and Pension

Article 125(2) extends the same logic to privileges, allowances, leave of absence, and pension rights, all of which Parliament may determine by law, falling back on the Second Schedule where no such law exists. Constitutional practice records that a retired Supreme Court judge is entitled to a pension equal to roughly half of the last salary drawn in office, reflecting the general principle that retirement benefits for judges are also treated as part of their protected conditions of service.

Non-Variation to Disadvantage — and Its One Exception

A distinguishing feature of Article 125(2) is its proviso that a judge's allowances and rights cannot be varied to that judge's disadvantage after appointment. This is what gives the salary and service-condition guarantee real teeth: once a judge takes office, Parliament cannot use a pay revision to punish or pressure that individual judge. The Constitution allows only one route around this protection — during a Proclamation of Financial Emergency under Article 360, the President may order a reduction in the salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, a category that expressly includes Supreme Court and High Court judges. Outside a financial emergency, this protection is absolute for a sitting judge.

Periodic Revisions in Practice

Consistent with the Article 125(1) framework, judicial salaries have been revised by Parliament from time to time through dedicated legislation, most recently by an amendment act updating the salaries and conditions of service of High Court and Supreme Court judges, applied with retrospective effect from January 2016. Such revisions illustrate that, while the constitutional guarantee protects sitting judges from disadvantageous variation, Parliament remains free to enhance judicial remuneration as it sees fit.

Conditions of Service as a Pillar of Independence

Fixing salary, allowances and pension through law (rather than through case-by-case executive discretion) and shielding them from disadvantageous variation are counted among the structural ways the Constitution secures the independence of Supreme Court judges. Related protections work alongside this guarantee: expenditure relating to judges' salaries and allowances is charged on the Consolidated Fund of India rather than requiring a fresh vote of Parliament each year, and a judge's conduct cannot be discussed in Parliament except on a motion for removal.

UPSC Relevance

Prelims

• Article 125(1): SC judges' salaries determined by Parliament by law; Second Schedule applies until then.
• Article 125(2): allowances, leave and pension similarly determined by Parliament; cannot be varied to a judge's disadvantage after appointment.
• Exception: President may reduce judges' salaries during a Financial Emergency under Article 360(4)(b).
• Judicial salaries were last revised via the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, effective retrospectively from 1 January 2016.

Mains

• Discuss how the non-variation guarantee in Article 125(2), and its financial-emergency exception, balances judicial independence against fiscal exigency.
• Assess the significance of charging judges' salaries on the Consolidated Fund of India for the separation of powers.

FAQ

Q1. Who fixes the salary of Supreme Court judges? Parliament, by law, under Article 125(1); until such a law exists, the Second Schedule rates apply.

Q2. Can a sitting judge's salary be reduced? Generally no — Article 125(2) bars variation to a judge's disadvantage after appointment, except during a Proclamation of Financial Emergency under Article 360.

Q3. What pension does a retired Supreme Court judge receive? Constitutional practice provides a pension of roughly half of the last salary drawn in office.

Q4. When were judicial salaries last revised? Through the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, applied with effect from 1 January 2016.

Q5. What does a Supreme Court judge swear in the oath of office? To bear true allegiance to the Constitution of India and to perform the duties of office without fear, favour, affection or ill-will.

Quick Revision

• Article 125(1): salary fixed by Parliament; Second Schedule as default.
• Article 125(2): allowances/leave/pension by Parliament; cannot be reduced for a sitting judge except financial emergency.
• Article 360(4)(b): President may reduce judges' salaries only during Financial Emergency.
• Pension: roughly 50% of last drawn salary.
• 2018 Amendment Act revised judicial salaries, effective from 1 January 2016.

Sources

• Constitution of India, Article 125 — https://legislative.gov.in/constitution-of-india/
• Constitution of India, Article 360 — https://legislative.gov.in/constitution-of-india/
• High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 — https://legislative.gov.in/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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