Article 221

Salaries and Allowances of High Court Judges

Official heading: “Salaries, etc., of Judges.”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 221, printed pages 101–102
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Article 221 provides for the salaries, allowances, leave, and pensions of High Court Judges as determined by Parliament by law, protecting them from diminution during tenure.

2. What It Means in Everyday Language

Article 221 secures the financial independence of the High Court judiciary.

Salaries are paid to High Court Judges at rates determined by Parliament by law under the High Court Judges (Salaries and Conditions of Service) Act, 1954, and are governed by the Second Schedule until statutory changes occur.

Charged Expenditure: Under Article 202(3)(d), salaries and allowances of High Court judges are charged upon the Consolidated Fund of the State, meaning they cannot be voted upon or reduced by the State Legislature. (Note: Pensions are charged on the Consolidated Fund of India under Article 112(3)(d)(iii)).

Non-Diminution Protection: Under the proviso to Clause (2), neither the allowances of a Judge nor their rights in respect of leave of absence or pension shall be varied to their disadvantage after their appointment (except during a Financial Emergency under Article 360).

3. Practical Illustrative Example

Everyday Scenario:

A State Government attempts to deduct judicial salaries or withhold allowances during a State fiscal crunch.

Core takeaway: Under Article 221 and Article 202, the State executive cannot touch judicial compensation; salaries are determined exclusively by Parliament and charged on the Consolidated Fund.

Illustrative Notice: The non-diminution guarantee ensures that judges can decide cases against the government without fear of economic reprisal.

4. Important Limits, Qualifications & Exceptions

Article 221 guarantees the financial insulation of High Court judges.

Salaries determined exclusively by Parliament by law.
Charged expenditure insulates compensation from State legislative votes.
Non-diminution rule prevents disadvantageous mid-tenure changes.
Pension charged on Union Consolidated Fund guarantees uniform retirement security.

5. Operative Constitutional Text

(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, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect to leave of absence or pension shall be varied to his disadvantage after his appointment.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 221, printed pages 101–102 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource