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 of a State

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

PART III- 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 ASSEMBLIES OF STATES IN PART 1 OF THE FIRST SCHEDULE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCILS OF SUCH STATES

8. 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 respectively to the Deputy President of the Legislative Assembly and to the Deputy President of the Council of State immediately before the fifteenth day of August, 1947.

9. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly of a State for the time being specified in Part I of the First Schedule and to the Chairman and the Deputy Chairman of the Legislative Council of such 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.

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

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 of a State specified in Part A of the First Schedule and to the Chairman and the Deputy Chairman of the Legislative Council of such 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.

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.