Part VI: The States

Chapter IV: Officers of the State Legislature

Article 186: Salaries and Allowances of Speaker, Deputy Speaker, Chairman, and Deputy Chairman

Overview of Article 186: Salaries and Allowances of Speaker, Deputy Speaker, Chairman, and Deputy Chairman

--- Original Article ---

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, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

Explanations

Article 186 empowers the State Legislature to determine the salaries and allowances of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman. This provision ensures flexibility, allowing each State to adjust compensation based on its unique financial and administrative context.

Key Provisions

  • Authority of State Legislature Over Compensation
    • The State Legislature has the authority to set remuneration, ensuring compensation aligns with State financial policies.
  • Provisional Guidelines as Per Second Schedule
    • If the State Legislature has not established specific provisions, compensation follows the Second Schedule.

Real-Life Example

  • The Tamil Nadu Legislature periodically reviews and adjusts the salaries of its legislative officials through state-specific legislation, reflecting the flexibility granted under Article 186.
  • The Kerala Legislative Assembly has also revised salaries based on State advisory board recommendations.

Historical Context

Article 186 reflects the federal structure by empowering State Legislatures with financial autonomy, allowing for the flexible and appropriate remuneration of legislative officers.

References

  • Constitution of India, Article 186
  • Second Schedule of the Indian Constitution

Legislative History

Article 186, originally presented as Article 163, was incorporated without modification on June 2, 1949, emphasizing the framers' vision for financially independent legislative offices.

Frequently Asked Questions (FAQs):

Who determines the salaries of the Speaker and Deputy Speaker?

The State Legislature has the authority to set these salaries, ensuring alignment with State policies.

What happens if the Legislature has not set a specific salary?

If no specific provision is made, the Second Schedule provides default guidelines for compensation.