SECOND SCHEDULE of CoI : SECOND SCHEDULE

Explanation using Example

Example 1:

Scenario: Appointment of the President of India

Context: Article 59(3) of the Constitution of India

Explanation: Article 59(3) states that the President shall not hold any other office of profit. This means that once a person is elected as the President of India, they must resign from any other positions they hold that provide financial gain.

Example: Mr. Sharma is a successful businessman and also a Member of Parliament (MP). He is elected as the President of India. According to Article 59(3), Mr. Sharma must resign from his position as an MP and any other business roles that provide him with financial benefits before he can assume the office of the President.

Example 2:

Scenario: Salary and Allowances of the Prime Minister

Context: Article 75(6) of the Constitution of India

Explanation: Article 75(6) states that the salaries and allowances of the Prime Minister and other ministers shall be determined by Parliament.

Example: The Parliament of India passes a bill that increases the salary of the Prime Minister from ₹2 lakh per month to ₹2.5 lakh per month. This change is made under the authority granted by Article 75(6). Therefore, the Prime Minister will now receive the revised salary as per the new law passed by Parliament.

Example 3:

Scenario: Salary of the Comptroller and Auditor-General of India

Context: Article 148(3) of the Constitution of India

Explanation: Article 148(3) states that the salary and other conditions of service of the Comptroller and Auditor-General (CAG) of India shall be determined by Parliament and shall not be varied to his disadvantage after his appointment.

Example: Mr. Verma is appointed as the CAG of India. At the time of his appointment, his salary is ₹2.5 lakh per month. During his tenure, the Parliament decides to increase the salary of the CAG to ₹3 lakh per month. However, if Parliament decides to reduce the salary to ₹2 lakh per month, this reduction will not apply to Mr. Verma during his current term as CAG, ensuring his salary is not varied to his disadvantage.

Example 4:

Scenario: Salary of Judges of High Courts

Context: Article 221 of the Constitution of India

Explanation: Article 221 states that the salaries of the judges of the High Courts shall be determined by Parliament and shall not be varied to their disadvantage after their appointment.

Example: Justice Rao is appointed as a judge of the High Court. At the time of his appointment, his salary is ₹2 lakh per month. If Parliament later decides to increase the salary to ₹2.5 lakh per month, Justice Rao will receive the increased salary. However, if Parliament decides to reduce the salary to ₹1.5 lakh per month, this reduction will not apply to Justice Rao during his current term as a judge, ensuring his salary is not varied to his disadvantage.

Example 5:

Scenario: Allowances of Members of Parliament

Context: Article 97 of the Constitution of India

Explanation: Article 97 states that the salaries and allowances of the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People shall be fixed by Parliament.

Example: The Parliament of India passes a bill that increases the allowances of the Speaker of the Lok Sabha from ₹1 lakh per month to ₹1.5 lakh per month. This change is made under the authority granted by Article 97. Therefore, the Speaker will now receive the revised allowance as per the new law passed by Parliament.