E: Provisions as to the Comptroller and Auditor-General of India

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

PART V-PROVISIONS AS TO THE AUDITOR-GENERAL OF INDIA

14. There shall be paid to the Auditor-General of India a salary at the rate of four thousand rupees per mensem.

15. The rights in respect of leave of absence or pension of the 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.

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

12.

(1) There shall be paid to the Comptroller and Auditor-General of India a salary at the rate of four thousand 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 toe commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.

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.