Part 22

SHORT TITLE, COMMENCEMENT AND REPEALS Icon

November 20, 2021
  1. Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

[394A. Authoritative text in the Hindi language.—(1) The President shall cause to be published under his authority,—

(a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and

(b) the translation in the Hindi language of every amendment of this Constitution made in the English language.

173(2) The translation of this Constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably. (3) The translation of this Constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the Hindi language.] 395. Repeals.—The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed. 1741

[FIRST SCHEDULE [Articles 1 and 4]

I. THE STATES Name

  1. Andhra Pradesh Territories 2 [The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959] 3 [and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014].
  2. Assam The territories which immediately before the commencement of this Constitution were comprised in the Province of Assam, the Khasi States and the Assam Tribal Areas, but excluding the territories specified in the Schedule to the Assam (Alteration of Boundaries) Act, 1951 4 [and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962] 5 [and the territories specified in sections 5, 6 and 7 of the North-Eastern Areas (Reorganisation) Act, 1971] 6 [and the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.]
  3. Bihar 7 9 The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.] [4. Gujarat [The territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub- section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned Act 8 [and the territories specified in section 3 of the Bihar Reorganisation Act, 2000].]
  4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for the First Sch.(w.e.f. 1-11-1956).
  5. Subs. by the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968), s. 4, for the former entry (w.e.f. 1-10-1968).
  6. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014).
  7. Added by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
  8. Added by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
  9. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
  10. Subs. by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), s. 4, for former entry (w.e.f. 10-6-1970).
  11. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
  12. Subs. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 4 (w.e.f. 1-5-1960). 175Name Territories
  13. Kerala The territories specified in sub-section (1) of section 5 of the States Reorganisation Act, 1956.
  14. Madhya Pradesh The territories specified in sub-section (1) of section 9 of the States Reorganisation Act, 1956 1 [and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959], 2 [but excluding the territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.] 3 The territories which immediately before the commencement of this Constitution were either comprised in the Province of Madras or were being administered as if they formed part of that Province and the territories specified in section 4 of the States Reorganisation Act, 1956, 4 [and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959], but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the Andhra State Act, 1953 5 [and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.]

6 The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.]

7 8 The territories specified in sub-section (1) of section 7 of the States Reorganisation Act, 1956 9 [but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968.]

8 The territories which immediately before the commencement of this Constitution were either comprised in the Province of Orissa or were being administered as if they formed part of that Province.

8 The territories specified in section 11 of the States Reorganisation Act, 1956 11 [and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960] 12 [but excluding the territories referred to in Part II of the First Schedule to the Constitution (Ninth

2 The territories specified in section 10 of the States Reorganisation Act, 1956 3 [but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959].

2 The territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954 and also the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 6 [and also the territories referred to in Part III of the First Schedule but excluding the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories referred to in Part III of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.]

[The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, 5 [and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000] and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.]

177Name Territories 2 1 The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962.] 2 3 4 2 5 The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners’ Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.] 2 6 The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Manipur. [ [15.] Nagaland [ [16.] Haryana [ [17.] Himachal Pradesh [ [18.] Manipur 2 [19.] Tripura 2 [20.] Meghalaya 2 8 [ [21.] Sikkim 2 9 [ [22.] Mizoram [The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (v) of sub-section (1) of section 4 of that Act.]] The territory which immediately before the commencement of this Constitution was being administered as if it were a Chief Commissioner’s Province under the name of Tripura 17 [and the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015, notwithstanding anything contained in clause (d) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] The territories specified in section 5 of the North-Eastern Areas (Reorganisation) Act, 1971] 7 [and the territories referred to in Part I of the First Schedule but excluding the territories referred to in Part II of the Second Schedule to the Constitution (One Hundredth Amendment) Act, 2015.] The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.] The territories specified in section 6 of the North-Eastern Areas (Reorganisation) Act, 1971.]

  1. Ins. by the State of Nagaland Act, 1962 (27 of 1962), s. 4 (w.e.f. 1-12-1963).
  2. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
  3. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966) and the entry therein subsequently amended by Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5 (w.e.f. 15-9-1983).
  4. Subs. by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), s. 5, for the entry against “17. Haryana” (w.e.f. 15-9-1983).
  5. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
  6. Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
  7. Added by the Constitution (One Hundredth Amendment) Act, 2015, s. 3 (w.e.f. 31-7-2015).
  8. Ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 2 (w.e.f. 26-4-1975).
  9. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 4 (w.e.f. 20-2-1987). 1782 1 The territories specified in section 7 of the North-Eastern Areas (Reorganisation) Act, 1971.] 2 3 The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.] 2 4 The territories specified in section 3 of the Madhya Pradesh Reorganisation Act, 2000.] 2 5 The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.] 2 7 The territories specified in section 3 of the Bihar Reorganisation Act, 2000.] The territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014.] [ [23.] Arunachal Pradesh [ [24.] Goa [ [25.] Chhattisgarh [ [26.] 6 [Uttarakhand] [ [27.] Jharkhand 12 8 [ [28.] Telangana
  10. Ins. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
  11. Entries 16 to 29 renumbered as entries 15 to 28 by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019).
  12. Ins. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 5 (w.e.f. 30-5-1987).
  13. Ins. by the Madhya Pradesh Reorganisation Act, 2000 (28 of 2000), s. 5 (w.e.f. 1-11-2000).
  14. Ins. by the Uttar Pradesh Reorganisation Act, 2000 (29 of 2000), s. 5 (w.e.f. 9-11-2000).
  15. Subs. by the Uttaranchal (Alteration of Name) Act, 2006 (52 of 2006), s. 4, for the word “Uttaranchal” (w.e.f. 1-1-2007).
  16. Ins. by the Bihar Reorganisation Act, 2000 (30 of 2000), s. 5 (w.e.f. 15-11-2000).
  17. Ins. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 10 (w.e.f. 2-6-2014). 179II. THE UNION TERRITORIES Name
  18. Delhi 1 [* 2 [* Extent The territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner’s Province of Delhi.
  1. Entry 2 relating to “Himachal Pradesh” omitted and entries 3 to 10 re-numbered as entries 2 to 9 respectively by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 4 (w.e.f. 25-1-1971).
  2. Entries relating to Manipur and Tripura (i.e. entries 2 and 3) omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 9 (w.e.f. 21-1-1972).
  3. Entries 4 to 9 renumbered as entries 2 to 7 respectively by ibid.
  4. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for “The Laccadive, Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
  5. Subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 (44 of 2019), s.5 for entries 4 and 5 (w.e.f. 19-12-2019). Entry 4 relating to Dadra and Nagar Haveli was ins. by the Constitution (Tenth Amendment ) Act, 1961, s. 2 (w.e.f. 11-8-1961).
  6. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 5, for entry 5 (w.e.f. 30-5-1987) and later for entries 4 and 5, entry 4 was subs. by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 (44 of 2019), s.5 (w.e.f. 19-12-2019)..
  7. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 3 (w.e.f. 16-8-1962).
  8. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 5, for the word “Pondicherry” (w.e.f. 1-10-2006).
  9. Ins. by the Punjab Reorganisation Act, 1966 (31 of 1966), s. 7 (w.e.f. 1-11-1966).
  10. Entry 8 relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 4 and entry 9 relating to Arunachal Pradesh renumbered as entry 8 (w.e.f. 20-2-1987) and entry 8 relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 4 (w.e.f. 20-2-1987).
  11. Ins. by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), s. 6 (w.e.f. 31-10-2019). 180Kashmir Reorganization Act, 2019. The territories specified in section 3 of the Jammu and Kashmir Reorganization Act, 2019.]
  12. Ladakh

SECOND SCHEDULE [Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221] PART A P ROVISIONS AS TO THE P RESIDENT AND THE G OVERNORS OF S TATES 1 ***

  1. There shall be paid to the President and to the Governors of the States 1 *** the following emoluments per mensem, that is to say:— The President …… The Governor of a State …… 10,000 rupees*. 5,500 rupees**. 2.There shall also be paid to the President and to the Governors of the States 2 *** 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.
  2. The President and the Governors of 3 [the 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. 4

PART C P ROVISIONS AS TO THE S PEAKER AND THE D EPUTY S PEAKER OF THE H OUSE OF THE P EOPLE AND THE C HAIRMAN AND THE D EPUTY C HAIRMAN OF THE C OUNCIL OF S TATES AND THE S PEAKER AND THE D EPUTY S PEAKER OF THE L EGISLATIVE A SSEMBLY 5 *** AND THE C HAIRMAN AND THE D EPUTY C HAIRMAN OF THE L EGISLATIVE C OUNCIL OF 6 [ A S TATE ] 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 7 *** and to the Chairman and the Deputy Chairman of the Legislative Council of 8 [a State] such salaries and allowances

  1. The words and letter “specified in Part A of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  • Now five lakh rupees, vide the Finance Act, 2018 (13 of 2018), s. 137 (w.e.f. 1-1-2016). ** Now three lakh fifty thousand rupees by s. 161, ibid.
  1. The word “so specified” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  2. Subs. by ibid., for “such states”.
  3. Part B omitted by ibid.
  4. The words and letter “OF A STATE IN PART A OF THE FIRST SCHEDULE” omitted by ibid.
  5. Subs. by ibid., for “ANY SUCH STATE”.
  6. The words and letter “of a State specified in Part A of the First Schedule” omitted by ibid.
  7. Subs. by ibid., for “such State”. 181as 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. PART D P ROVISIONS AS TO THE J UDGES OF THE S UPREME C OURT AND OF THE H IGH C OURTS 1 ***
  8. 2 [(1) There shall be paid to the Judges of the Supreme Court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:— The Chief Justice .. Any other Judge .. 3 [10,000 rupees.]* 4 [9,000 rupees.] **

Provided that if a Judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme Court 5 [shall be reduced— (a) by the amount of that pension, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity]. (2) Every Judge of the Supreme Court shall be entitled without payment of rent to the use of an official residence. (3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, immediately before the commencement of this Constitution,— (a) was holding office as the Chief Justice of the Federal Court and has become on such commencement the Chief Justice of the Supreme Court under clause (1) of article 374, or (b) was holding office as any other Judge of the Federal Court and has on such commencement become a Judge (other than the Chief Justice) of the Supreme Court under the said clause, during the period he holds office as such Chief Justice or other Judge, and every Judge who so becomes the Chief Justice or other Judge of the Supreme Court shall, in respect of time spent on actual service as

  1. The words and letter “IN STATES IN PART A OF THE FIRST SCHEDULE” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  2. Subs. by ibid., s. 25, for sub-paragraph (1).
  3. Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s .4, for “5,000 Rupees” to “10,000 Rupees” (w.e.f. 1-4-1986).
  • Now two lakh eighty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-2017).
  1. Subs. by the Constitution (Fifty-Fourth Amendment) Act, 1986, s. 4, for “4,000 Rupees” to “9,000 Rupees” (w.e.f. 1-4-1986). ** Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-2017).
  2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for “shall be reduced by the amount of that pension” (w.e.f. 1-11-1956). 182such Chief Justice or other Judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. (4) Every Judge of the Supreme Court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President may from time to time prescribe. (5) The rights in respect of leave of absence (including leave allowances) and pension of the Judges of the Supreme Court shall be governed by the provisions which, immediately before the commencement of this Constitution, were applicable to the Judges of the Federal Court.
  3. 1 [(1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,— The Chief Justice .. Any other Judge .. 2 [9,000 rupees.]* 3 [8,000 rupees.]** Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced— (a) by the amount of that pension, and (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.] (2) Every person who immediately before the commencement of this Constitution— (a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or (b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub- paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. 4 [(3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in
  4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraph (1).
  5. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for “4,000 rupees” (w.e.f. 1-4-1986).
  • Now two lakh fifty thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 22-9-2017).
  1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for “3,500 rupees” (w.e.f. 1-4-1986). ** Now two lakh twenty-five thousand rupees, vide the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 2 (w.e.f. 22-9-2017).
  2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for sub-paragraphs (3) and (4) (w.e.f. 1-11-1956). 183Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph.]
  3. In this Part, unless the context otherwise requires,— (a) the expression “Chief Justice” includes an acting Chief Justice, and a “Judge” includes an ad hoc Judge; (b) “actual service” includes— (i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge; (ii) vacations, excluding any time during which the Judge is absent on leave; and (iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another. PART E P ROVISIONS AS TO THE C OMPTROLLER AND A UDITOR -G ENERAL OF I NDIA
  4. (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 the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President.
  • The Comptroller and Auditor-General of India shall be paid a salary equal to the salary of the Judges of the Supreme Court vide s. 3 of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971). The salary of Judges of the Supreme Court has been raised to two lakh fifty thousand rupees per mensem by the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (10 of 2018), s. 6 (w.e.f. 22-9-2017). 184

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