Article 186 of the Costitution of India with Case law
🔹 Article 186 of the Constitution of India: Salaries and Allowances of the Speaker and Deputy Speaker, and the Chairman and Deputy Chairman
📜 Text of Article 186:
"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."
🧾 Explanation:
Article 186 deals with the remuneration of key presiding officers of State Legislatures:
Speaker and Deputy Speaker of the Legislative Assembly
Chairman and Deputy Chairman of the Legislative Council (if the state has a Legislative Council)
The salaries and allowances of these officers are:
Initially determined as per the Second Schedule of the Constitution.
Can be revised and fixed by State Legislatures through legislation.
This Article ensures that these key constitutional functionaries are adequately compensated for their duties, maintaining the dignity and independence of their offices.
⚖️ Important Case Law:
While there is no Supreme Court case specifically interpreting only Article 186, relevant principles have been addressed in broader cases regarding salaries, privileges, and constitutional functionaries, such as:
1. Shivamurthy Swami Inamdar v. State of Karnataka, AIR 1971 SC 1859
Involved legislative privileges and financial provisions for MLAs.
Emphasized that financial privileges of state legislature members, including office-bearers like Speaker, must be grounded in constitutional or statutory authority such as Article 186.
2. Kihoto Hollohan v. Zachillhu (1992) Supp (2) SCC 651
Although mainly about disqualification and the Speaker's powers under the Tenth Schedule, the Court reinforced the constitutional status and independence of the Speaker’s role.
Supports the view that reasonable salaries are essential for maintaining the neutrality of such offices.
3. P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626
Not directly under Article 186, but it highlighted the importance of constitutional functionaries being free from financial pressures, affirming the relevance of salary and allowance provisions under Articles like 186.
📌 Key Points Summary:
| Aspect | Details |
|---|---|
| Applies to | Speaker & Deputy Speaker (Legislative Assembly), Chairman & Deputy Chairman (Legislative Council) |
| Salary fixed by | The State Legislature, via law |
| Interim provision | Second Schedule of the Constitution |
| Purpose | To ensure dignity, independence, and efficient functioning of presiding officers |
🗂️ Related Articles:
Article 93 – Speaker and Deputy Speaker of Lok Sabha
Article 178 – Speaker and Deputy Speaker of State Legislative Assembly
Article 182 – Chairman and Deputy Chairman of Legislative Council
Article 195 – Salaries and allowances of members of the State Legislature
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