Financial security of judges
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
Financial security of judges means the government cannot use money to pressure judges. The salaries of Supreme Court judges are charged on the Consolidated Fund of India (Art. 112(3)(d)). "Charged" means Parliament does not vote on them. High Court judges' salaries are charged on the state's fund (Art. 202(3)(d)), but their pensions come from the Consolidated Fund of India. A judge's pay and benefits cannot be cut after appointment (Arts. 125(2), 221(2)), except during a financial emergency under Art. 360(4)(b). This guarantee is one part of judicial independence.
Example
Suppose a Supreme Court bench strikes down a major government law. The government still cannot reduce those judges' salaries or hold them back through a budget vote, because they are charged expenditure. The Supreme Court's own running expenses are also charged on the Consolidated Fund of India (Art. 146(3)).
Don't confuse with
- Security of tenure of judges: this protects how long a judge stays in office (until 65 or 62). Financial security protects a judge's pay.
Related concepts
- Independence of the judiciary
- Security of tenure of judges
- Restriction on discussing judges' conduct in the legislature