2nd Schedule of the Indian Constitution

The Second Schedule of the Indian Constitution plays a crucial role in maintaining the dignity, independence, and effective functioning of key constitutional authorities. While the Fundamental Rights and Directive Principles often receive greater attention, the Schedules of the Constitution provide essential structural and operational support. 

The Second Schedule specifically deals with the salaries, allowances, and privileges of high constitutional functionaries, ensuring that their financial conditions are secured directly by the Constitution and not left to ordinary legislative discretion.

This Schedule is closely linked with the principle of constitutional independence, particularly for offices such as the President, Governors, Judges of the Supreme Court and High Courts, and the Comptroller and Auditor-General of India. By placing these matters within the Constitution itself, the framers sought to protect these offices from political pressure and arbitrary interference.

Position of the Second Schedule in the Constitutional Scheme

When the Constitution of India came into force on 26 January 1950, it originally contained eight Schedules. Over time, through constitutional amendments, the number of Schedules increased to twelve. Despite amendments and revisions, the Second Schedule continues to retain its relevance because it governs the service conditions of the most important constitutional offices.

The Second Schedule derives its authority from several Articles of the Constitution, including Articles 59, 65, 75, 97, 125, 148, 158, 164, 186, and 221. These Articles refer to the Second Schedule for determining salaries and allowances, thereby giving it binding constitutional force.

Purpose and Importance of the Second Schedule

The Second Schedule serves three major constitutional purposes:

1. Ensuring independence of constitutional authorities: Offices such as Judges and the CAG must function without fear or favour. Financial security is a key element of such independence.
2. Maintaining dignity of constitutional offices: The salaries and privileges fixed under the Schedule reflect the high status and responsibilities attached to these positions.
3. Preventing arbitrary reduction or manipulation of salaries: Since the provisions are constitutionally protected, they cannot be altered easily for political or administrative convenience.

Structure of the Second Schedule

The Second Schedule is divided into five Parts, each dealing with a specific category of constitutional offices.

Part A: Provisions as to the President and Governors of States

Part A deals with the emoluments, allowances, and privileges of the President of India and the Governors of States. It is linked primarily with Articles 59(3), 65(3), and 158(3).

Key Features of Part A

• The President and Governors are entitled to fixed salaries payable monthly.
• In addition to salaries, they are entitled to allowances similar to those enjoyed by the Governor-General and Provincial Governors before the commencement of the Constitution.
• They enjoy the same privileges that were attached to these offices before 26 January 1950.
• When the Vice-President or any other person discharges the functions of the President, or when a person acts as Governor, such person is entitled to the same salary, allowances, and privileges during that period.

Constitutional Significance

These provisions ensure that the highest executive offices in the country function with dignity and independence. Since the President and Governors act as constitutional heads, their financial security is essential for maintaining neutrality and constitutional balance.

Part B: Omitted by the Seventh Constitutional Amendment Act, 1956

Part B originally dealt with the salaries and allowances of Ministers for the Union and the States. However, this Part was omitted by the Seventh Constitutional Amendment Act, 1956.

Reason for Omission

The omission reflected a shift towards allowing Parliament and State Legislatures to regulate ministerial salaries through legislation rather than fixing them constitutionally. This change allowed greater flexibility while keeping core constitutional offices protected under the Schedule.

Part C: Provisions as to Presiding Officers of Legislatures

Part C governs the salaries and allowances of presiding officers of Parliament and State Legislatures, including:

• Speaker and Deputy Speaker of the Lok Sabha
• Chairman and Deputy Chairman of the Rajya Sabha
• Speaker and Deputy Speaker of the Legislative Assembly
• Chairman and Deputy Chairman of the Legislative Council

The relevant constitutional provisions are Articles 97 and 186.

Key Provisions

• Salaries and allowances are linked to those payable to corresponding presiding officers before the commencement of the Constitution.
• Where a State did not have a Legislative Council before the Constitution, the Governor is empowered to determine the salaries of the Chairman and Deputy Chairman.

Importance of These Provisions

Presiding officers play a vital role in ensuring the smooth functioning of legislative bodies. Financial independence strengthens their ability to act impartially while maintaining order and discipline in legislative proceedings.

Part D: Provisions as to Judges of the Supreme Court and High Courts

Part D is one of the most significant parts of the Second Schedule. It deals with the salaries, allowances, pensions, and service conditions of Judges of the Supreme Court and High Courts, and is linked with Articles 125 and 221.

Judges of the Supreme Court

• Separate salaries are prescribed for the Chief Justice of India and other Judges.
• Judges are entitled to rent-free official residences.
• Provisions exist for salary reduction where a Judge was previously in receipt of a government pension.
• Judges are entitled to travelling allowances and other facilities as prescribed by the President.
• Leave and pension rights are protected and governed by pre-Constitution provisions applicable to Federal Court Judges.

Judges of the High Courts

• Similar provisions apply to Chief Justices and other Judges of High Courts.
• Salary protection is provided for Judges who were drawing higher salaries before the commencement of the Constitution.
• Special provisions ensure continuity for Judges serving during State reorganisation.

Constitutional Importance

By placing judicial salaries in the Constitution, the framers ensured that the judiciary remains independent of the executive and legislature, a core feature of the doctrine of separation of powers.

Part E: Provisions as to the Comptroller and Auditor-General of India

Part E deals with the salary, allowances, and service conditions of the Comptroller and Auditor-General of India (CAG) and is linked to Article 148(3).

Key Provisions

• A fixed salary is payable to the CAG.
• Transitional provisions protect the salary of the person who held the office of Auditor-General before the Constitution.
• Leave, pension, and service conditions continue to be governed by pre-Constitution rules, with references to the Governor-General construed as references to the President.

Constitutional Significance

The CAG acts as the guardian of public finances. Financial security is essential to ensure independent audit of government expenditure without executive influence.

Amendments and Updating of Salaries

Although the Second Schedule originally mentioned specific monetary figures, subsequent amendments and Acts of Parliament have updated these figures. Important amendments include:

• The Seventh Constitutional Amendment Act, 1956, which omitted Part B and removed references to Part A and Part B States.
• The Fifty-fourth Constitutional Amendment Act, 1986, which revised judicial salaries.
• The Finance Act, 2018, and other statutory amendments that updated salaries in line with economic conditions.

Despite these changes, the constitutional framework of the Second Schedule remains intact.

Conclusion

The Second Schedule of the Indian Constitution forms an integral part of India’s constitutional architecture. It safeguards the independence, dignity, and effective functioning of the highest constitutional offices by providing a clear framework for salaries, allowances, and privileges.