A: Provisions As To The President And The Governors Of States

Articles 48 (3), 62 (6), 79, 104, 124 (2), 135 (3), 145 (5), 163 and 197, Draft Constitution of India 1948

PART 1-PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES FOR THE TIME BEING SPECIFIED IN PART I OF THE FIRST SCHEDULE

1. There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the First Schedule the following emoluments per mensem, that is to say:

2. There shall be also paid to the President and to the Governors the following allowances per mensem during their respective terms of offices to enable them to discharge conveniently and with dignity the duties of their respective offices, that is to say:

3. There shall be paid to the President and a Governor an allowance equal to the actual expenses respectively incurred by them in travelling with their families, if any, and their and their families’ effects to take up the appointment of the President or Governor as the case may be.

4. The President and each Governor throughout their respective terms of office shall be entitled without payment of rent or hire to the use of the official residences and the railway saloons, river craft, air craft and motor cars provided for their respective use and no charge shall fall on them personally in respect of the maintenance thereof.

5. While the Vice-President or any other person is discharging the functions of the, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emolument and allowance under paragraphs 1 and 2 of this Schedule as the President or the Governor whose functions he discharges or for whom he acts, as the case may be, and during the period he so discharges the functions or acts, the provisions of paragraph 4 of this Schedule shall apply to him, but the provisions of paragraph 3 thereof shall not apply to him.

Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221, Constitution of India 1950

1. There shall be paid to the President and to the Governors of the States specified in Part A of the First Schedule the following emoluments per mensem, that is to say:—

2. There shall also be paid to the President and to the Governors of the States so specified 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 such 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.

The Second Schedule of the Draft Constitution 1948 (Second Schedule of the Constitution of India 1950) was discussed in the Constituent Assembly on 11 and 12 October 1949. This schedule is divided into 5 different parts containing the salaries and allowances earmarked for the President, Governor of States, Union and State Ministers, Speaker and Deputy Speaker of the Parliament, Chairman and Deputy Chairman of the Council of States, Speaker and Deputy Speaker of Legislative Assemblies and Legislative Councils of States, Judges of the Supreme Court and High Court and finally, the Auditor-General of India.

The Chairman of the Drafting Committee started the debate by outlining the rationale for fixing the salaries and allowances for the different positions as they were. A few members were of the opinion that the President, the Governors and members of Parliament and Legislative Assemblies must serve their duty without taking a salary. They saw it as setting an example of selfless service and sacrifice, that would be more in conformity with India’s ancient culture and civilization. Another member found this demand to be ridiculous. He stated that the President and Governor-General were also administrative heads and it was only reasonable that they would draw at least a small salary to carry out their duties.

One member was worried that the Constitution was reducing the pay of Judges of the Supreme Court and High Court compared to what they were receiving prior to the Constitution coming into force. He maintained that Judges were eminent specialists who were entitled to a pay proportional to the intense intellectual work they did. In opposition to this sentiment, another member expressed concern that the Judges were being paid too much, especially in relation to the average income of an ordinary Indian citizen. A member was also of the opinion that the Judges were being treated too lavishly by the Constitution through the numerous allowances and remarked that this was not consistent with the dignity of the Constitution.

In response to these concerns, a Drafting Committee member defended the Schedule stating that the salaries of the Judges were fixed keeping in mind, ‘the dignity, the efficiency and the independence of the judiciary.’ He informed the Assembly that the Committee also took into consideration the salaries of Judges in many other countries. The Drafting Committee Chairman added that certain provisions such as a free house for a Supreme Court Judge was necessary. As Judges came from different parts of the country, it would be inappropriate to task them with finding a home with their own resources. On the question of their salary, he argued that since the number of suitable people who could function as a Judge was limited, the salary fixed for this post was at a higher level.

Despite these contestations, the Second Schedule as amended by the Drafting Committee Chairman was adopted as part of the Constitution on 12 October 1949.