Part VI: The States

Salaries and Allowances of Members

Article 195: Salaries and Allowances of Members

--- Original Article ---

Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislature of the State by law, and until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.

Explanations

Article 195 of the Indian Constitution grants each State Legislature the authority to independently determine the salaries and allowances of its members. This autonomy aligns with federal principles, allowing States to set remuneration for legislative members according to their unique financial context, thus facilitating stable and responsive governance.

Clause-by-Clause Explanation

Legislative Power to Determine Remuneration

Article 195 gives State Legislatures exclusive rights to define salaries and allowances for members of the Legislative Assembly and Legislative Council through state laws. This authority underlines the independence of each State Legislature, enabling them to adjust compensation in line with the State’s economic landscape.

Provision for Pre-Constitution Rates

Until a State Legislature enacts new laws, the article allows for the continuation of the existing salary structure as established for provincial assemblies under British rule. This temporary arrangement ensured financial stability for members during the early post-independence period, preventing disruptions to legislative functions.

Real-Life Examples

• Example of Salary Revision: The Punjab Legislative Assembly enacted the Punjab Salaries and Allowances Act, periodically updating member salaries to reflect contemporary cost of living standards. This legislative action underscores the State’s financial self-governance under Article 195.
• Temporary Allowance Reduction: In 2020, the Kerala Legislative Assembly amended its salaries law to temporarily reduce member allowances, responding to budget constraints due to the COVID-19 pandemic, showcasing Article 195's flexibility.

Historical Context

Article 195 has its roots in colonial administration, where members of provincial assemblies received compensation based on established schedules. The Indian Constitution retained this structure temporarily, enabling continuity in legislative functions during the post-independence transition, while empowering State Legislatures to determine remuneration as they deemed fit.

Judicial Interpretation and Precedents

Judicial interpretation has generally upheld the State Legislature’s authority to set salaries under Article 195, with courts supporting this autonomy as part of India’s federal structure. This view aligns with principles of regional self-governance, allowing States flexibility in managing legislative finances.

Debates and Amendments

During the Constituent Assembly debates on Article 170 (now Article 195), Shri L. Krishnaswami Bharathi proposed adding the term "salaries" to ensure both salaries and allowances of State Legislature members were covered. He highlighted that while members of provincial legislatures received salaries, members of the Constituent Assembly received only allowances. Dr. B. R. Ambedkar accepted the amendment, ensuring that Article 195 would comprehensively address legislative compensation.

References

• The Constitution of India - Article 195, Salaries and Allowances of Members.
• The Punjab Legislative Assembly Members (Salaries and Allowances) Act.
• Constituent Assembly Debates on Article 170 (Draft Constitution).
• Basu, D.D. "Commentary on the Constitution of India".