Article 222 of the Indian Constitution plays a crucial role in the functioning of the judiciary by allowing the President to transfer High Court judges between states. This process is conducted after consulting the Chief Justice of India, ensuring that judicial efficiency is maintained across different High Courts.
The salary of a High Court judge is the responsibility of the state government where the judge serves. This payment comes from the state’s Consolidated Fund, aligning with India’s federal structure. Each state is responsible for its judges' remuneration, fostering a decentralized approach to judicial funding.
Unlike salaries, the pension of High Court judges is managed by the Union Government. This arrangement arises from the fact that judges may serve in various states throughout their careers. By centralizing pension management, uniformity is ensured, preventing the financial burden from falling on individual states.
The division of responsibilities regarding salaries and pensions exemplifies cooperative federalism. The state governments are tasked with paying judges' salaries, while the Union Government oversees their pensions. This collaboration reflects the intricate balance of power in India’s judicial system, promoting efficiency and support for judges.
Instances of retired judges receiving insufficient pensions have been a concern raised in the Supreme Court. The judiciary has called for reforms to enhance the financial security of retired judges, underscoring the need for adequate pension provisions to maintain their dignity.
The governance of High Court judges' pensions is primarily regulated by the High Court Judges (Salaries and Conditions of Service) Act, 1954. This legislation outlines the entitlements of judges, their eligibility criteria, and the methods for calculating pensions, ensuring a structured approach to their financial welfare.
Q1. What does Article 222 state about the transfer of High Court judges?
Answer: Article 222 empowers the President to transfer a High Court judge between High Courts after consulting the Chief Justice of India, promoting judicial efficiency.
Q2. Who pays the salary of a High Court judge?
Answer: The salary is paid by the state government where the judge serves, sourced from its Consolidated Fund, reflecting the federal nature of India's judicial framework.
Q3. Why is the pension of High Court judges managed by the Union Government?
Answer: The Union Government manages pensions to ensure uniformity and avoid burdening individual states, as judges may serve across multiple states.
Q4. How is cooperative federalism reflected in salary and pension arrangements?
Answer: The distinction between state responsibility for salaries and union responsibility for pensions exemplifies cooperative federalism, showcasing collaboration between governments.
Q5. Which legal provisions govern the pension of High Court judges?
Answer: The High Court Judges (Salaries and Conditions of Service) Act, 1954, governs pensions, detailing entitlements, eligibility, and calculation methods for judges.
Question 1: What does Article 222 of the Indian Constitution empower the President to do?
A) Appoint judges to the Supreme Court
B) Transfer High Court judges after consultation
C) Dismiss judges from service
D) Approve judicial appointments
Correct Answer: B
Question 2: Who is responsible for the salary of High Court judges?
A) Central Government
B) State Government of the serving state
C) Judicial Council
D) President of India
Correct Answer: B
Question 3: Why does the Union Government manage pensions for High Court judges?
A) To reduce state spending
B) To ensure uniformity and avoid state burden
C) To centralize judicial power
D) To streamline salary structures
Correct Answer: B
Question 4: Which act governs the pension of High Court judges?
A) Judiciary Act, 1950
B) High Court Judges (Salaries and Conditions of Service) Act, 1954
C) Constitution Amendment Act
D) Judicial Accountability Act
Correct Answer: B
Question 5: What aspect of cooperative federalism is demonstrated in judges' salary and pension distribution?
A) Complete centralization
B) Shared responsibilities
C) Independence of judiciary
D) State autonomy
Correct Answer: B
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