Article 195 of the Costitution of India with Case law
Article 195 – Constitution of India
Title: Salaries and allowances of members
Text of Article 195:
"Members of the Legislature 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, such salaries and allowances as are specified in the Second Schedule."
Key Highlights:
Who is Covered:
Members of the State Legislature, i.e., Members of Legislative Assembly (MLAs) and Legislative Council (if any).
Who Decides:
The State Legislature has the power to determine the salaries and allowances of its members by law.
Temporary Provision:
Until the legislature enacts such a law, Second Schedule of the Constitution governs salaries and allowances.
Autonomy:
Each state can independently fix the remuneration of its legislators, making the rules vary from state to state.
Purpose of Article 195:
To empower the state governments to determine how much elected representatives should be paid, thereby allowing flexibility to meet regional and fiscal needs.
Relevant Case Laws:
⚖️ M. Karunanidhi v. Union of India (1979) 3 SCC 431
Although this case did not directly address Article 195, it upheld the power of legislatures to enact laws within their competence.
The judgment reinforced that state legislatures are competent to enact laws on matters like salaries of legislators under List II (State List) of the Seventh Schedule.
⚖️ Ashok Kumar Bhattacharya v. Union of India (1997)
Related to pensions and perks of legislators.
Reaffirmed that state legislatures have exclusive jurisdiction under Article 195 to determine salaries and other benefits, and these provisions must be reasonable and not arbitrary.
⚖️ Jasbir Singh v. State of Punjab (1994)
Challenge to a Punjab Act increasing salaries of MLAs.
Punjab & Haryana High Court held that as long as the legislature passes a law, courts will not interfere unless the law violates fundamental rights or constitutional provisions.
Recent Trends:
Many states have increased the salaries and allowances of MLAs significantly in recent years, sometimes leading to public criticism.
Some states (like Delhi, Maharashtra, and Tamil Nadu) have passed specific MLA Salary and Allowance Acts under the power given by Article 195.
Conclusion:
Article 195 gives constitutional authority to State Legislatures to decide salaries and allowances for their members. This autonomy is crucial in a federal structure, but the power must be exercised responsibly, keeping public interest and fiscal discipline in mind.
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