Second Schedule of Indian Constitution

Second Schedule contains provisions related to the privileges, allowances, and emoluments of the President, the Governors of States, Speaker and the Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of the State Legislative Assemblies, Chairman and Deputy Chairman of the State Legislative Councils, Judges of the Supreme Court and the High Courts and the Comptroller and Auditor General of India.

The Second Schedule covers the benefits, perks, and salary for the following positions: President of India, Governors of Indian States, Speaker of Lok Sabha, and Deputy Speaker of Lok Sabha. In this article, you will read about the second schedule of the Indian constitution, its historical background, constitutional articles, provisions, and significance of the second schedule.

What is a Schedule?

A schedule is a part of an enactment that contains additional information that has not been mentioned in the Articles. They are tables with information that supplement the main information in the Articles.

Originally the Indian Constitution consisted of only eight schedules. Four more schedules were later added by the process of amendment. The term schedule was first used in the Government of India Act, 1935 where ten schedules were mentioned.

What is the Second Schedule of the Indian Constitution?

The Second Schedule contains provisions related to the privileges, allowances, and emoluments of:

• The President.
• The Governors of States.
• Speaker and the Deputy Speaker of Lok Sabha.
• Chairman and Deputy Chairman of Rajya Sabha.
• Speaker and Deputy Speaker of the State Legislative Assemblies.
• Chairman and Deputy Chairman of the State Legislative Councils.
• Judges of the Supreme Court and the High Courts.
• The Comptroller and Auditor General of India.

Historical Background of the Second Schedule of the Indian Constitution

The Second Schedule of the Indian Constitution primarily deals with the salaries, allowances, and emoluments of various Constitutional posts like the President, Governors of States Auditor, and Comptroller General of India. The history behind the inclusion of the Second Schedule to the Indian Constitution is linked to the debates of the Constituent Assembly regarding the framework of the Constitution of India.

During the framing of the Constitution, it was recognised that certain posts such as the President, the Judges of the Supreme Court and the High Court, the Governors of the States, need to have a certain level of independence and impartiality. Determining the salaries and allowances of such posts through a transparent and well defined process was considered essential to prevent any external pressures.

Thus, the Second Schedule was incorporated into the Indian Constitution. This inclusion created a clear and structured system of salaries that cannot be easily changed due to political reasons or external force.

Constitutional Articles attached to the Second Schedule of the Indian Constitution

The articles attached to the Second Schedule are Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221.

• Articles 59(3), 65(3) and 158(3) are related to the President and the Governors of States.
• Articles 97 and 186 contain provisions related to the Speaker and the Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of the State Legislative Assemblies and Chairman and Deputy Chairman of the State Legislative Councils.
• Articles 125 and 221 contain provisions related to the Judges of the Supreme Court and the High Courts.
• Article 148(3) is related to the Comptroller and Auditor General of India.

Provisions of the Second Schedule of the Indian Constitution

The entire Second Schedule has been divided into Parts. Each part talks about the privileges, allowances and emoluments of particular people.

• Part A contains provisions related to the President and the Governors of States. The related articles are Articles 59(3), 65(3) and 158(3).
• Part C contains provisions related to the Speaker and the Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of the State Legislative Assemblies and Chairman and Deputy Chairman of the State Legislative Councils. The related articles are Articles 97 and 186.
• Part D contains provisions related to the Judges of the Supreme Court and the High Courts. The related articles are Articles 125 and 221.
• Part E contains provisions related to the Comptroller and Auditor General of India. The related articles are Article 148(3).

Salaries and Allowances of the Constitutional Posts of the Second Schedule

On December 21, 2017, a bill to alter the 1958 Supreme Court Judges (Salaries and Conditions of Service) Act and the 1954 High Court Judges (Salaries and Conditions of Service) Act was introduced in the Parliament. The Hon. President’s assent allowed the Bill to become law once it was approved by Parliament.

Following the amendment of the two aforementioned Acts, the Department of Justice, in a letter dated January 30, 2018, directed all State Governments/UTs, the Accountants General of all States, and the Registry Supreme Court to make the necessary revisions to the pay, allowances, and pensions of all High Court and Supreme Court judges, both currently serving and retired.

With effect from January 1, 2016, the following are the revised rates of salary, allowances, and pension for judges of the Supreme and High courts:

Constitutional Posts	Salaries	Allowances
President	5 lakh per month	4 lakh as constituency and 2.5 lakh for expenses
Governor of States	3.5 lakh per month	Varies from state to state
Judges of the Supreme Court	2.8 to 2.5 lakh per month	8 to 10 lakh
Judges of the High Courts	2.25 to 2.5 lakh per month	6 to 8 lakh

Part B of the Second Schedule of the Indian Constitution

Part B of the Second Schedule was omitted by the Seventh Constitutional Amendment Act of 1956. It contained provisions related to the Ministers of Union and States.

Amendments and Revisions in the 2nd Schedule of the Indian Constitution

The Seventh Constitutional Amendment Act of 1956 removed Part B of the Second Schedule containing the provisions of the Ministers of the Union and States.

Significance of the Second Schedule of the Indian Constitution

The Second Schedule of the Constitution gives a detailed account about the salaries, allowances and emoluments of various Constitutional posts. It is significant in governance for several reasons:

• The Second Schedule gives a structured system of salaries for important Constitutional posts. This ensures transparency and also indicates that the salaries are determined through a definite process.
• It establishes the independence and impartiality of these posts. The officials, therefore, are not influenced by politics or external influences.
• The Second Schedule can be amended only through a legislative process enumerated in the Constitution. This does not allow any random change to the salaries and creates a constitutional barrier.
• The Second Schedule adds stability to governance. It provides a standardised system of determining the salaries which is crucial for the effective functioning of the government.
• The Second Schedule also increases public trust. The public understands that a fair legal method has been used to determine the salaries and the salaries can be changed only through a constitutional process.

Therefore, the Second Schedule to the Constitution plays an important role in governance by ensuring a transparent, stable and accountable system for deciding the salaries, allowances and emoluments of various Constitutional posts.

Conclusion – Second Schedule of the Indian Constitution

The main reason for having the Second Schedule is to give details about the privileges, allowances and emoluments of a number of constitutional posts. As the articles related to these posts already carry a lot of information regarding their duties, information regarding their salaries was put up in the Second Schedule.

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FAQs on Second Schedule of the Indian Constitution

1. What is the Second Schedule of the Constitution?

The Second Schedule of the Constitution contains provisions related to the privileges, allowances and emoluments of the President, the Governors of States, Speaker and the Deputy Speaker of Lok Sabha and other constitutional posts.

2. Whose salary is not mentioned in the Second Schedule?

The salary of the Chief Ministers, Prime Minister, Attorney General, Advocate General of the States are not mentioned in the Second Schedule.

3. How many Schedules are there in the Constitution?

Originally the Indian Constitution consisted of only eight schedules. Four more schedules were later added by the process of amendment. The term schedule was first used in the Government of India Act, 1935 where ten schedules were mentioned.

4. What is a Schedule in the Indian Constitution?

A schedule is a part of an enactment that contains additional information that has not been mentioned in the articles. They are tables with information that supplements the main information in the articles.

5. In which Schedule are the salaries and allowances mentioned of different constitutional posts?

In the Second Schedule of the Constitution the salaries and allowances of the President, the Governors of States, Speaker and the Deputy Speaker of Lok Sabha and other constitutional posts are mentioned.

6. What are the emoluments of the second schedule?

The second schedule lists the emoluments for holders of constitutional offices such as salaries of President, Vice President, Ministers, Judges and Comptroller and Auditor-General of India.

7. What does the second schedule talk about?

The second schedule talks about Employment, allowances and privileges of some dignitaries, oath and affirmation of certain dignitaries, administration of Union Territories.

References:

Second Scedule [www.mea.gov.in/]

THE SECOND SCHEDULE (Sections 33 and 36) [upload.indiacode.nic.in/]

THE SECOND SCHEDULE – Section 25 (1) [upload.indiacode.nic.in/]