Second Schedule of the Constitution of India: Salaries, Allowances and Privileges
The Second Schedule to the Constitution of India contains constitutional provisions concerning the emoluments, allowances, privileges and certain service conditions of specified constitutional authorities. It is linked with 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
Part A deals with the emoluments, allowances and privileges of the President of India and the Governors of States. It also applies the relevant entitlement where the Vice-President or another person discharges the functions of the President, and where a person discharges the functions of a Governor.
Paragraphs 1 to 4
1. The constitutional text provides monthly emoluments for the President and Governors. The figures appearing in the Schedule are historical constitutional figures. The official updated Constitution carries footnotes recording later statutory revisions.
2. It preserves the allowances referred to in the constitutional text for the President and Governors.
3. It deals with the privileges of the President and Governors during their respective terms of office.
4. A Vice-President or other person discharging the functions of, or acting as, President, and a person discharging the functions of a Governor, is entitled to the emoluments, allowances and privileges applicable to the office whose functions are being discharged.
| Office | Historical figure appearing in Second Schedule | Current statutory figure noted in official Constitution |
|---|---|---|
| President of India | Rs. 10,000 per month | Rs. 5,00,000 per month |
| Governor of a State | Rs. 5,500 per month | Rs. 3,50,000 per month |
The revised figures above are recorded in the official Constitution footnotes with reference to the Finance Act, 2018, and operate with effect from 1 January 2016.
Part B - Omitted
Part B of the Second Schedule was omitted by the Constitution (Seventh Amendment) Act, 1956, with effect from 1 November 1956. A current presentation of the Second Schedule should therefore show Part B as omitted rather than reproducing obsolete provisions.
Part C - Speaker, Deputy Speaker, Chairman and Deputy Chairman
Part C concerns the Speaker and Deputy Speaker of the House of the People (Lok Sabha), the Chairman and Deputy Chairman of the Council of States (Rajya Sabha), and the corresponding presiding officers of State Legislatures.
Paragraph 7
Paragraph 7 is the constitutional transitional provision dealing with salaries and allowances of the Speaker and Deputy Speaker of the House of the People and the Chairman and Deputy Chairman of the Council of States by reference to the amounts payable immediately before the commencement of the Constitution.
Paragraph 8
Paragraph 8 contains the corresponding transitional provision for the Speaker and Deputy Speaker of a State Legislative Assembly and the Chairman and Deputy Chairman of a State Legislative Council. Where the corresponding Province had no Legislative Council immediately before commencement, the constitutional text provides for determination by the Governor.
Part D - Judges of the Supreme Court and High Courts
Part D contains constitutional provisions concerning salaries, official residence, travelling allowances, leave and pension matters for Judges, together with transitional provisions. Paragraph 11 also defines expressions used in this Part.
Paragraph 9 - Supreme Court Judges
The printed constitutional figures in paragraph 9 are historical. The official Constitution records later statutory revisions. Under the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018, the salary figures noted in the official text are Rs. 2,80,000 per month for the Chief Justice of India and Rs. 2,50,000 per month for any other Judge of the Supreme Court, with effect from 1 January 2016.
Paragraph 9 also deals with adjustment where a Judge receives specified pension benefits from previous government service, entitlement to an official residence without payment of rent, reasonable travelling allowances and facilities, and specified leave and pension rights.
Paragraph 10 - High Court Judges
The official Constitution records the revised salary figures as Rs. 2,50,000 per month for the Chief Justice of a High Court and Rs. 2,25,000 per month for any other High Court Judge, with effect from 1 January 2016. Paragraph 10 also contains transitional provisions relating to persons who held judicial office immediately before the commencement of the Constitution and the Constitution (Seventh Amendment) Act, 1956.
| Judicial office | Current figure noted in official Constitution |
|---|---|
| Chief Justice of India | Rs. 2,80,000 per month |
| Other Judge of the Supreme Court | Rs. 2,50,000 per month |
| Chief Justice of a High Court | Rs. 2,50,000 per month |
| Other Judge of a High Court | Rs. 2,25,000 per month |
Paragraph 11 - Meaning of Chief Justice, Judge and actual service
For Part D, the expression "Chief Justice" includes an acting Chief Justice and "Judge" includes an ad hoc Judge. "Actual service" includes time spent on judicial duty or specified functions undertaken at the request of the President, vacations other than periods of leave, and joining time on transfer between High Courts or from a High Court to the Supreme Court.
Part E - Comptroller and Auditor-General of India
Part E contains provisions concerning the Comptroller and Auditor-General of India (CAG). Paragraph 12 addresses salary and transitional service conditions, including leave and pension matters. The historical salary figure printed in the Schedule has been superseded by later legislation.
The official Constitution notes that the CAG is paid a salary equal to that of a Judge of the Supreme Court under section 3 of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971. The official constitutional footnote further records the Supreme Court Judge salary as Rs. 2,50,000 per month under the 2018 amendment legislation, with effect from 1 January 2016.
Articles Connected with the Second Schedule
| Article | Subject relevant to the Second Schedule |
|---|---|
| Article 59(3) | Emoluments, allowances and privileges of the President. |
| Article 65(3) | Entitlements while the Vice-President acts as, or discharges the functions of, President. |
| Article 75(6) | Salaries and allowances of Ministers until Parliament otherwise determines. |
| Article 97 | Salaries and allowances of the Chairman and Deputy Chairman of the Council of States and Speaker and Deputy Speaker of the House of the People. |
| Article 125 | Salaries and other conditions relating to Judges of the Supreme Court. |
| Article 148(3) | Salary and other conditions of service of the Comptroller and Auditor-General. |
| Article 158(3) | Emoluments, allowances and privileges of a Governor. |
| Article 164(5) | Salaries and allowances of State Ministers until the State Legislature otherwise determines. |
| Article 186 | Salaries and allowances of presiding officers of State Legislatures. |
| Article 221 | Salaries and allowances of Judges of High Courts. |
Important Amendments and Legislative Updates
The Constitution (Seventh Amendment) Act, 1956 made important changes to the Second Schedule, including omission of Part B and changes connected with the reorganisation of States. Later legislation revised the monetary entitlements of constitutional office-holders. The constitutional Schedule and the later salary statutes should therefore be read together when determining a present entitlement.
Official Legal Resources
For the authoritative updated constitutional text and amendment footnotes, refer to the Legislative Department, Ministry of Law and Justice - Constitution of India. The Ministry of External Affairs - Constitution of India also provides access to the Schedules. These official resources should be preferred when checking the latest text.