(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 of leave of absence or pension shall be varied to his disadvantage after his appointment.

Debate Summary

Article 197, Draft Constitution, 1948

The judges of each High Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by the Legislature of the State in which the Court has its principal seat, and until they are so fixed, shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are specified in the Second Schedule:

Provided that the salary of the Chief Justice of a High Court shall not be less than four thousand rupees per month and the salary of any other judge of a High Court shall not be less than three thousand and five hundred rupees per month:

Provided further that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

 

Draft Article 197 (Article 221) was debated on 1st August 1949. It prescribed the salaries, rights and allowances for Judges of the High Courts.

 

The Chairman of the Drafting Committee proposed to wholly replace the Draft Article with the following

 

'(1) There shall be paid to the Judges of each High Court 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 pensions 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 of leave of absence or pension shall be varied to his disadvantage after his appointment.'

 

He explained that this would allow the Article to correspond with Draft Article 104 (Article 125), which laid down salaries, rights and allowances for Judges of the Supreme Court. The amendment was adopted without debate

 

Draft Article 197 was adopted on 1st August 1949.