Article 106 of the Indian Constitution deals with the emoluments and financial entitlements of the members of both Houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). It lays down the principle by which their salaries and allowances are determined, entrusting this crucial power to the Parliament itself through the process of legislation.
This article ensures that the financial aspects of a Member of Parliament’s service are governed by a parliamentary process, allowing for adjustments based on prevailing economic conditions and the cost of living. It also includes a transitional provision to cover the period immediately following the commencement of the Constitution until a specific law is enacted by Parliament.
Original Text
**106. Salaries and allowances of members.—**Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that behalf is so made, 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 Constituent Assembly of the Dominion of India.
Detailed Explanation
Article 106 vests the authority to fix the salaries and allowances of the members of Parliament (MPs) with the Parliament itself. This power is exercised through the legislative process, meaning Parliament must pass a law to determine or alter the remuneration of its members. The phrase “as may from time to time be determined” indicates that this is not a one-time determination, but Parliament has the ongoing power to review and revise the salaries and allowances of its members as needed, subject to the due legislative process.
The article also includes a crucial transitional provision. It states that until Parliament makes a specific law regarding salaries and allowances, the members shall receive allowances at the same rates and under the same conditions that were applicable to the members of the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution (January 26, 1950). This ensured that the members of the provisional Parliament functioning immediately after the Constitution’s adoption had a defined entitlement until the first law under this article was enacted.
The primary legislation governing the salaries and allowances of MPs is The Salaries, Allowances and Pension of Members of Parliament Act, 1954. This Act, and its numerous amendments over the years, detail the specific amounts of salary, various allowances (like daily allowance, constituency allowance, office expense allowance, travel allowance), and pension benefits for former MPs. The power granted by Article 106 is the basis for this and subsequent amending legislation.
Detailed Notes
- Grants entitlement to members of both Houses of Parliament (Lok Sabha and Rajya Sabha) for receiving salaries and allowances.
- The power to determine the rates of salaries and allowances is vested exclusively with the Parliament.
- This determination must be made “by law,” meaning through a specific Act of Parliament.
- Parliament can determine these amounts “from time to time,” implying the power to revise or amend the rates and conditions through subsequent legislation.
- Includes a transitional provision for the period before Parliament enacts a law.
- During the transitional period, members are entitled to allowances at the same rates and conditions as applicable to members of the Constituent Assembly of the Dominion of India immediately before the Constitution’s commencement.
- The main law enacted under this article is The Salaries, Allowances and Pension of Members of Parliament Act, 1954.
- Subsequent amendments to the 1954 Act are made based on the power granted by this article.
- Ensures a legal basis for the financial remuneration of MPs.
- Reflects a mechanism for Parliament to regulate its own financial entitlements.
Additional Comments
- While Parliament determines the salaries and allowances, debates around transparency and potential conflicts of interest arise when MPs decide their own pay.
- The Salaries, Allowances and Pension of Members of Parliament Act, 1954, has been amended many times, often leading to increases in salaries and allowances. Recent amendments also introduced pension for former MPs.
- Unlike the salaries of the President, Vice-President, Speakers, Deputy Speakers, Judges of the Supreme Court and High Courts, which are charged upon the Consolidated Fund of India and not subject to the vote of Parliament, the salaries and allowances of MPs are typically voted upon as part of the demands for grants. However, the determination itself is by law, which is debated and passed by Parliament.
- This article empowers Parliament to ensure MPs have adequate financial support to perform their duties without external financial dependence, though the appropriateness of the amounts is often a subject of public discussion.
Summary
Article 106 of the Indian Constitution provides that members of both Houses of Parliament are entitled to receive salaries and allowances. The power to determine these salaries and allowances rests with Parliament, which must do so by enacting a law from time to time. Until such a law is made, members are entitled to allowances at the rates applicable to members of the Constituent Assembly before the Constitution came into force. This article serves as the legal basis for laws like The Salaries, Allowances and Pension of Members of Parliament Act, 1954, governing the financial entitlements of India’s parliamentarians.