Constitution of India
397 SECOND SCHEDULE
SECOND SCHEDULE
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221]
PART A
Provisions as to the President and the Governors of States 1[***].
1. There shall be paid to the President and to the Governors of the States 1[***] the following emoluments per mensem, that is to say: –
The President …… 10,000 rupees2
The Governor of a State …… 5,500 rupees 3.
2. There shall also be paid to the President and to the Governors of the States 4[***] such allowances as were payable respectively to the Governor-General of the Dominion of India and to the Governors of the corresponding Provinces immediately before the commencement of this Constitution.
3. The President and the Governors of 5[the States] throughout their respective terms of office shall be entitled to the same privileges to which the Governor-General and the Governors of the corresponding Provinces were respectively entitled immediately before the commencement of this Constitution.
4. While the Vice-President or any other person is discharging the functions of, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges or for whom he acts, as the case may be.
6[***]
PART C
PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY 7[***] AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF 8[A STATE].
7. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable to the Deputy Speaker of the Constituent Assembly of the Dominion of India immediately before such commencement.
8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly 9[***] and to the Chairman and the Deputy Chairman of the Legislative Council of 10[a State] such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the Deputy President of the Legislative Council of the corresponding Province immediately before the commencement of this Constitution and, where the corresponding Province had no Legislative Council immediately before such commencement, there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine.
PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT
AND OF THE HIGH COURTS 11[***]
9. (1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at th
e following rates per mensem, that is to say:—
The Chief Justice 12[10,000 rupees]
Any other Judge 13[9,000 rupees]:
Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court 14[shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity].
(2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,—
(a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause (1) of article 374, or
(b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause,
during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
(4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe.
(5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court.
10. 15[(1). There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,—
The Chief Justice 16[9,000 rupees]
Any other Judge17[8,000 rupees]:
Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced—
(a) by the amount of that pension, and
(b) if he has, before such appointment, received in lieu of a portion of the
pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every person who immediately before the commencement of this Constitution—
(a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or
(b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause,
shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
18[(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.]
11. In this Part, unless the context otherwise requires—
(a) the expression ‘Chief Justice’ includes an acting Chief Justice, and a ‘Judge’ includes an ad hoc Judge;
(b) ‘actual service’ includes—
(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave; and
(iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another.
PART E
PROVISIONS AS TO THE COMPTROLLER AND
AUDITOR-GENERAL OF INDIA
12. (1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of four thousand19 rupees per mensem.
(2) The person who was holding office immediately before the commencement of this Constitution as Auditor-General of India and has become on such commencement the Comptroller and Auditor-General of India under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as Auditor-General of India immediately before such commencement.
(3) The rights in respect of leave of absence and pension and the other conditions of service of the Comptroller and Auditor-General of India shall be governed or shall continue to be governed, as the case may be,
by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.
1. The words and letter “specified in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
2. Raised to Rs. 15,000 p.m. by the President’s Pension (Amendment) Act, 1985 and further raised to Rs. 20,000 p.m. by the President’s Emoluments and Pension (Amendment) Act, 1990 and further raised to Rs. 50,000 p.m. by the President’s Emoluments and Pension (Amendment) Act, 1998 (25 of 1998), sec. 2 (w.r.e.f. 1-1-1996).
3. Raised to Rs. 11,000 p.m. by the Governor’s Emoluments, Allowances and Privileges (Amendment) Act, 1987 (17 of 1987) and further raised to Rs. 36,000 p.m. by the Governors (Emoluments and Privileges) Amendment Act, 1998 (27 of 1998), sec. 2 (w.r.e.f. 1-1-1996).
4. The words “so specified” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “such States”.
6. Part B omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
7. The words and letter “or a State in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
8. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “any such State”.
9. The words and letter “of a State specified in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.
10. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for “such State”.
11. The words and letter “in States in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 25 (w.e.f. 1-11-1956).
12. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, sec. 4, for “5,000 rupees” (w.e.f. 1-4-1986). Now Rs. 33,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), sec. 7 (w.r.e.f. 1-1-1996).
13. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, sec. 4, for “4,000 rupees” (w.e.f. 1-4-1986). Now Rs. 30,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), sec. 7 (w.r.e.f. 1-1-1996).
14. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 25, for “shall be reduced by the amount of that pension” (w.e.f. 1-11-1956).
15. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 25, for sub-paragraph (1) (w.e.f. 1-11-1956).
16. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986 (34 of 1986), sec. 4, for “4,000 rupees” (w.e.f. 1-4-1986). Now Rs. 30,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), sec. 4 (w.r.e.f. 1-1-1996).
17. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986 (34 of 1986), sec. 4, for “3,500 rupees” (w.e.f. 1-4-1986). Now Rs. 26,000 per mensem vide the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), sec. 4 (w.r.e.f. 1-1-1996).
18. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 25, for sub-paragraphs (3) and (4) (w.e.f. 1-11-1956).
19. The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of Supreme Court vide section 3 of Act 56 of 1971. The salary of Judges of the Supreme Court has been raised to Rs. 9,000 per mensem by the Constitution (Fifty-fourth Amendment) Act, 1986 and further raised to Rs. 30,000 p.m. by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998 (18 of 1998), sec. 7 (w.r.e.f. 1-1-1996).
