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155
THE CONSTITUTION OF INDIA

 

Second Schedule

8. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly []* * * and to the Chairman and the Deputy Chairman of the Legislative Council of [][a 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.

PART D
PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS[]* * *

[]9. (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 permensem, that is to say :—

The Chief Justice 5,000 rupees.
Any other Judge 4,000 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 Governinents or unde the Government of a State or any of its predecessor Governments, his salary in respect of service in the Supreme 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


  1. The words and lettes in States in Part A of the "First Sebedule" omitted by the Constitution Seventh Amendment, Act. 1956, s. 29 and Sch.
  2. Subs., ibid., for such State".
  3. The words and lettes in States in Part A of the "First Sebedule" omitted by the Constitution Seventh Amendment, Act. 1956, s. 29 and Sch.
  4. Paragraph 2 of the Constitution (Removal of Difficulties); Order No. IX provides that for the period of eight years from the 7th day of November, 1951, the Second Schedule to the Constitution of India shall have effect subject to the following adaptation, namely :—
    "For sub-paragraph (3) of paragraph 9, the following sub-paragraph shall be substituted namely:—
    (3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge who, mediately before the commencement of this Constitution, was holding office as a Judge of the Federal Court and has on such commencement become a Judge of the Supreme Court under clause (1) of a cle 374, during the period he holds office as a Judge, other than the Chief Justice of that Court; and every such Judge shall in respect of time spent on actual sovice as a Judge other than the Chief Justice, or if appointed to be, or to act as, Chief Justice in respect of time spent, on actual service as such Chief Justice, be entitled to receive in addition to the salary specified in sub-pragraph (1) of the paragraph, as special pav an amount equivalent to the difference between share a law so specified and the share a law payable to him as a Judge of the Federal Court immediately before the commencement of this Constitution."
  5. Subs. by the Constitution (Seventh Amendment) Act. 1956, s. 25, for "shall be reduced by the amount of that pension".