Home The Constitution Part VI Article 221

Art. 221 Part VI: The States

Salaries, etc., of Judges

Exact text — Constitution of India

(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... shall not be varied to his disadvantage after his appointment.

In Plain English

What this Article actually means

This Article mirrors Article 125's Supreme Court salary protection at the High Court level — defined salaries set by Parliament (notably by the UNION Parliament, not the state legislature, even though High Court judges primarily serve within a specific state), with the same crucial 'no disadvantageous variation after appointment' protection.

Why This Matters To You

How it shows up in everyday life

This is another key judicial independence safeguard — High Court judges, like Supreme Court judges, don't need to worry about salary retaliation for unpopular rulings, and having Union Parliament (rather than the state) set these salaries adds a further layer of insulation from potential state-level political pressure.

Read alongside this one

Art. 125 — Salaries, etc., of Judges

Frequently Asked

Quick answers about Article 221

Why does the UNION Parliament, not the state legislature, set High Court judges' salaries?

This reflects the deliberate constitutional design keeping judicial compensation determination at arm's length from the specific state government whose actions a High Court judge might need to rule on, reinforcing independence.

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The text above reproduces Article 221 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.