Second Schedule: Salaries and Allowances of the President, Governors, Judges, etc.
Indian Polity › Schedules of the Constitution · Topic 28.2
The Second Schedule deals with the emoluments, allowances and privileges of the President, Governors, presiding officers, judges and the CAG, whose amounts Parliament fixes by law and which cannot be reduced to their disadvantage.
5 min read · UPSC Prelims · Polity · Schedules of the Constitution
At a Glance
- What it is Provisions on emoluments, allowances and privileges of high office-holders
- Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221
- Amended by Parliament by simple majority
- Revised 2018 salary increases
- Exam link UPSC Prelims, Polity: Schedules of the Constitution
Where Does It Fit?
This is the second topic of the category on the Schedules of the Constitution. The Second Schedule contains provisions relating to the emoluments, allowances, privileges and so on of the President, the Governors of states, the Speakers and Deputy Speakers, the Chairmen and Deputy Chairmen of the houses, the judges of the Supreme Court and High Courts and the Comptroller and Auditor-General.
Who Is Covered
| Office-holder | Linked Article |
|---|---|
| The President of India | 59 |
| The Governors of States | 158 |
| Speaker and Deputy Speaker of the Lok Sabha; Chairman and Deputy Chairman of the Rajya Sabha | 97 |
| Speaker and Deputy Speaker of the Legislative Assembly; Chairman and Deputy Chairman of the Legislative Council | 186 |
| Judges of the Supreme Court | 125 |
| Judges of the High Courts | 221 |
| Comptroller and Auditor-General of India | 148 |
Articles 65 (Vice-President acting as President) and 75 and 164 (ministers) are also connected. The schedule has been amended by Parliament by simple majority, since Parliament can change the salaries and allowances by ordinary law, as the Constitution leaves the amounts to be determined by Parliament.
Salaries After the 2018 Revision
| Office | Monthly salary |
|---|---|
| President | Rs 5 lakh (raised from Rs 1.50 lakh) |
| Vice-President (as Chairman of the Rajya Sabha) | Rs 4 lakh (raised from Rs 1.25 lakh) |
| Governor | Rs 3.50 lakh (raised from Rs 1.10 lakh) |
| Chief Justice of India | Rs 2.80 lakh (raised from Rs 1 lakh) |
| Judge of the Supreme Court | Rs 2.50 lakh (raised from Rs 90,000) |
| Chief Justice of a High Court | Rs 2.50 lakh (raised from Rs 90,000) |
| Judge of a High Court | Rs 2.25 lakh (raised from Rs 80,000) |
These figures are as fixed by Parliament in 2018. In 2008 the pension of a retired President was raised from Rs 3 lakh per annum to 50% of the monthly salary, and of a retired Vice-President from Rs 20,000 per month to 50% of the salary. Former Presidents are also entitled to a furnished residence and other facilities. The Constitution does not fix any emoluments for the Vice-President in that capacity: he or she draws the salary of the ex-officio Chairman of the Rajya Sabha.
Protections for the Office-Holders
- The emoluments and allowances of the President cannot be diminished during the term of office.
- The emoluments and allowances of the Governor cannot be diminished during the term of office, and when one person is Governor of two or more states, they are shared in the proportion determined by the President.
- The salaries and allowances of Supreme Court and High Court judges are determined by Parliament and cannot be varied to their disadvantage after appointment, except during a financial emergency.
- The salary of the CAG, determined by Parliament, equals that of a Supreme Court judge under the 1971 Act, and cannot be altered to his or her disadvantage.
- Expenditure on these emoluments is charged on the Consolidated Fund and is not subject to the vote of Parliament; the President’s emoluments and allowances, and the salaries and allowances of the Speaker, Deputy Speaker, Chairman, Deputy Chairman and judges, are examples of charged expenditure.
Officers of Parliament
Under the Salaries and Allowances of Officers of Parliament Act, 1953, the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and Deputy Speaker of the Lok Sabha are the officers of Parliament. In 2018 the salary of the Chairman of the Rajya Sabha was raised from Rs 1.25 lakh to Rs 4 lakh per month. The other officers receive a monthly salary at the same rates as Members of Parliament, and each officer other than the Chairman of the Rajya Sabha is entitled to a daily allowance at the rate payable to Members of Parliament. They also enjoy free accommodation and other facilities.
Why Is This Topic Important?
- Salaries Revised often, asked in current-affairs form
- Charged expenditure Not subject to vote
- Simple majority Schedule amendment method
What Came Next?
The next topic covers the Third Schedule, the forms of oaths and affirmations.
Key People and Terms
- Emoluments Salary and benefits
- Charged expenditure Paid from the Consolidated Fund without vote
- Sumptuary allowance Allowance for expenses of office
- Puisne judge Judge other than the Chief Justice
- Pension Retirement benefit
Exam Corner
Points to Remember
- President: Rs 5 lakh (2018).
- CJI Rs 2.80 lakh; SC judge Rs 2.50 lakh.
- Governor Rs 3.50 lakh.
- Cannot be varied to disadvantage.
- Amended by simple majority.
Do Not Confuse With
- Second Schedule and Article 59 or 125 Schedule lists; Articles prescribe
- Vice-President salary Salary as Chairman of the Rajya Sabha
- Charged and voted expenditure Not subject to vote versus voted
Memory Hook
Five lakh for the President, four for the Chairman, three and a half for the Governor.
Mains Angle
Questions on this topic usually ask about the independence of office-holders. Use these points to add depth.
- Financial independence Not varied to disadvantage
- Charged expenditure Beyond the vote
- Parliament decides amounts Simple majority
- Financial emergency Exception for judges
A Question You May Face
An original practice question, not a past paper question.
“How do the constitutional provisions on salaries safeguard the independence of high office-holders?”
How to Answer
- Introduction Second Schedule.
- Protections No diminution.
- Charged expenditure No vote.
- Conclusion Balance.
GS Relevance
Frequently Asked Questions
What does the Second Schedule deal with?
The Second Schedule contains provisions on the emoluments, allowances and privileges of the President, Governors, Speakers and Deputy Speakers, Chairmen and Deputy Chairmen of the houses, Supreme Court and High Court judges and the CAG.
Who determines the salaries of the President and judges?
Parliament determines them by law. In 2018 it raised the salary of the President from Rs 1.50 lakh to Rs 5 lakh per month, and of a Supreme Court judge to Rs 2.50 lakh per month, with higher pay for the Chief Justice.
Can the salary of a judge be reduced after appointment?
No. The salary and allowances of Supreme Court and High Court judges cannot be varied to their disadvantage after appointment, except during a financial emergency, a provision that protects the independence of the judiciary from the executive.
What is the salary of the Vice-President?
The Constitution fixes no emoluments for the Vice-President in that capacity; he or she draws the regular salary as ex-officio Chairman of the Rajya Sabha, which Parliament raised in 2018 from Rs 1.25 lakh to Rs 4 lakh per month.
How is the Second Schedule amended?
Parliament can amend it by a simple majority, as the amounts of emoluments are left to be determined by Parliament by law, so a constitutional amendment under Article 368 with a special majority is not required for it.
PYQ Practice — Statement Analysis
1 The salary of the President is determined by Parliament.
By law.
2 A High Court judge’s salary can be reduced during a financial emergency.
Exception.
3 The Vice-President draws a separate salary as Vice-President.
As Chairman of the Rajya Sabha.
4 The Second Schedule requires a special majority to amend.
Simple majority.
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