INDIAN CONSTITUTION
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. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say: The President 10, 000 rupees The Governor of a State 5, 500 rupees
2. There shall also be paid to the President and to the Governors of the States 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 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
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 AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL OF 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 and to the Chairman and the Deputy Chairman of the Legislative Council of 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
9.
(1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say: The Chief Justice 10, 000 rupees Any other Judge 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 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.
(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 9, 000 rupees Any other Judge 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
(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 thousand 2 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 THIRD SCHEDULE Articles 75 ( 4 ), 99, 124 ( 6 ), 148 ( 2 ), 164 ( 3 ), 188 and 2191 Forms of Oaths or Affirmations I Form of oath of office for a Minister for the Union: I, A B, do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will II Form of oath of secrecy for a Minister for the Union: I, A B, do that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister III A Form of oath or affirmation to be made by a candidate for election to Parliament: I, A B, having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India B Form of oath or affirmation to be made by a member of Parliament: I, A B, having been elected (or nominated) a member of the Council of States (or the House of the People) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor General of India: I, A B, having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor General of India) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws V Form of oath of office for a Minister for a State: I, A B, do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill will VI Form of oath of secrecy for a Minister for a State: I, A B, do that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of except as may be required for the due discharge of my duties as such Minister VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State: I, A B, having been nominated as a candidate to fill a seat in Legislative Assembly (or Legislative Council), do that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India B Form of oath or affirmation to be made by a member of the Legislature of a State: I, A B, having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do that I will bear true faith and allegi ance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter VIII Form of oath or affirmation to be made by the Judges of a High Court: I, A B, having been appointed Chief Justice (or a Judge) of the High Court at (or of) do that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws