Second Schedule of the Indian Constitution

The Second Schedule of the Constitution of India contains provisions relating to the emoluments (salaries), allowances, and terms of service of consti

Second Schedule of the Indian Constitution – A Detailed Explanation

The Second Schedule of the Indian Constitution is an important constitutional provision that deals with the salaries, allowances, and privileges of high-ranking officials in India’s constitutional framework. While it does not attract as much public attention as some other schedules, the Second Schedule plays a crucial administrative role in ensuring transparency, accountability, and structure in governance.

In this article, we will break down the contents of the Second Schedule, its structure, the authorities it covers, its constitutional importance, and related developments in a clear and detailed manner.

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Introduction to the Second Schedule

The Second Schedule of the Constitution of India contains provisions relating to the emoluments (salaries), allowances, and terms of service of constitutional authorities. These provisions are aimed at ensuring that individuals who hold important offices are adequately compensated and provided with the facilities required to perform their duties effectively.

It is divided into eight parts, each dealing with a different constitutional authority or group of authorities.

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Authorities Covered Under the Second Schedule

The Second Schedule covers the following high-ranking constitutional posts:

1. President of India

2. Governors of States

3. Speaker and Deputy Speaker of the Lok Sabha

4. Chairman and Deputy Chairman of the Rajya Sabha

5. Speakers and Deputy Speakers of State Legislative Assemblies

6. Chairmen and Deputy Chairmen of State Legislative Councils

7. Judges of the Supreme Court and High Courts

8. Comptroller and Auditor General of India (CAG)

These individuals hold positions of great authority and responsibility in India's democratic system, and the Second Schedule ensures they are compensated fairly and uniformly.

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Breakdown of the Second Schedule (Parts A to H)

The schedule is organized into eight parts, labeled Part A to Part H:

Part A – President of India

This part outlines the salary and allowances of the President of India. It also provides for the free official residence, staff, and other privileges during and after their term of office.

Part B – Governors of States

Part B contains provisions related to the remuneration of state Governors. Like the President, Governors are entitled to an official residence and are prohibited from receiving any other emoluments from other sources.

Part C – Speaker and Deputy Speaker of Lok Sabha; Chairman and Deputy Chairman of Rajya Sabha

This section specifies the salary and allowances of the presiding officers of the Parliament. It reflects the importance of their roles in managing the business of the Houses and maintaining parliamentary decorum.

Part D – Speaker and Deputy Speaker of Legislative Assemblies of States; Chairman and Deputy Chairman of State Legislative Councils

Similar to Part C, this part relates to the presiding officers of the state legislatures, ensuring they receive appropriate remuneration.

Part E – Judges of the Supreme Court

This part outlines the salaries and terms of service of the Chief Justice of India and other judges of the Supreme Court. It also covers provisions for their pensions and post-retirement benefits.

Part F – Judges of High Courts

This section addresses the remuneration and allowances of High Court judges across the states. Like the Supreme Court judges, High Court judges are also guaranteed certain post-retirement benefits.

Part G – Comptroller and Auditor General of India (CAG)

The CAG, being a vital watchdog over the country’s financial administration, has his/her salary, tenure, and conditions of service covered under this part.

Part H – Provisions Relating to the Abolition of Privy Purses

This part was later added through the 26th Amendment of the Constitution (1971) to abolish the privy purses that were earlier granted to the rulers of former princely states as part of the agreement to join India. It marked a significant step towards promoting equality and ending privileges based on hereditary titles.

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Importance of the Second Schedule

The Second Schedule holds great administrative and symbolic importance for several reasons:

1. Ensures Financial Independence

By providing clearly defined salaries and privileges, the Second Schedule ensures that key constitutional authorities can function independently and are not financially dependent on any other body, thus strengthening the doctrine of separation of powers.

2. Standardizes Compensation

It brings uniformity in the financial treatment of similar positions across the country. For example, all Governors or High Court Judges are covered under one standard framework.

3. Prevents Political Interference

Having these provisions enshrined in the Constitution rather than through ordinary legislation prevents arbitrary changes and protects officeholders from undue influence or pressure.

4. Provides for Revisions Through Legislation

While the Second Schedule sets the framework, the actual amounts (salaries and allowances) are often revised by the Parliament or State Legislatures through laws passed from time to time. For example, salaries of the President and MPs have been revised periodically through legislative action.

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Related Constitutional Provisions

A few other articles of the Constitution are closely linked to the Second Schedule:

• Article 59 – Conditions of office of the President

• Article 158 – Conditions of office of the Governor

• Articles 75, 76, and 78 – Related to ministers and the Attorney General

• Articles 125 and 221 – Salaries of Supreme Court and High Court judges

• Article 148 – Deals with the CAG

These articles often refer to the Second Schedule for the financial and service conditions.

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Amendments Related to the Second Schedule

Several Constitutional Amendments have impacted the Second Schedule over the years, primarily to revise the terms, increase or reduce salaries, or abolish privileges such as the privy purses.

The 26th Amendment (1971) was particularly notable for removing Part H privileges by terminating privy purses, thereby ending the special financial status of princely families.

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Conclusion

The Second Schedule of the Indian Constitution may seem administrative, but it plays a critical role in ensuring the independence and integrity of key constitutional positions. By specifying the salaries and allowances of officials such as the President, Governors, Speakers, Judges, and the CAG, it guarantees their financial security and protects them from political or bureaucratic pressure.

Moreover, by laying down these provisions in the Constitution itself, the founders of our democracy ensured a stable and transparent governance structure. As India continues to evolve, the Second Schedule remains an important pillar supporting the efficiency and credibility of democratic institutions.