Article 97 of the Costitution of India with Case law
Article 97 of the Constitution of India deals with salaries and allowances of the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and Deputy Speaker of the Lok Sabha.
🔹 Text of Article 97 – Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be determined by Parliament by law, and until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
🔍 Key Points:
Scope: Applies to:
Chairman (Vice-President of India) and Deputy Chairman of Rajya Sabha
Speaker and Deputy Speaker of Lok Sabha
Authority: Parliament has the power to determine or modify the salary and allowances by passing a law.
Provisional Provision: Until a law is made, salaries are to be as per the Second Schedule of the Constitution.
Not Fixed in Constitution: Article 97 does not fix amounts but leaves them to legislation.
📜 Relevant Laws:
The Salaries and Allowances of Officers of Parliament Act, 1953: Specifies current salaries, allowances, and other perks.
⚖️ Case Law on Article 97:
While Article 97 itself hasn’t been the direct subject of frequent constitutional litigation, a few general constitutional principles have been discussed in relevant cases:
1. M. Karunanidhi v. Union of India, (1979) 3 SCC 431
Relevance: Though not about salaries directly, it upheld Parliament's power to legislate on salaries of constitutional functionaries, asserting supremacy under entries in the Union List.
Connection: Validates Parliament's authority to decide compensation structures, which includes those under Article 97.
2. Rameshwar Prasad & Ors v. Union of India, (2006) 2 SCC 1
Relevance: The case dealt with constitutional functionaries and their responsibilities. While not about salaries, it emphasized the constitutional dignity of the Speaker and legislative officers, indirectly underscoring the rationale for appropriate compensation under Article 97.
3. P.V. Narasimha Rao v. State (CBI/SPE), 1998 (4) SCC 626
Relevance: Although focused on parliamentary privileges, it reinforced the importance of institutional integrity, where fair salaries play a role (contextual support to the purpose behind Article 97).
🧾 Recent Salary Updates (Example):
As per recent amendments to the Salaries and Allowances of Officers of Parliament Act, the Speaker and Chairman receive salaries and perks on par with Cabinet Ministers.
✅ Summary:
Article 97 provides for the salaries and allowances of key parliamentary officers.
Parliament has the authority to determine or revise them through law.
Until then, the amounts in the Second Schedule apply.
Case law mostly supports the legislative competence and constitutional status of these officers rather than directly interpreting Article 97.
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