Actual Article
Article 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, such salaries and allowances as are specified in the Second Schedule.
UPSC Notes for Article 106
Explanation:
- Salaries and Allowances:
- Members of Parliament (MPs) are entitled to receive salaries and allowances determined by Parliament by law.
- Until Parliament makes such provisions, MPs receive salaries and allowances as specified in the Second Schedule of the Constitution.
Key Points:
- Legislative Authority: Parliament has the power to determine the salaries and allowances of its members, ensuring flexibility and adaptability.
- Second Schedule: Provides interim guidelines for salaries and allowances until Parliament enacts specific laws.
- Ensuring Fair Compensation: Adequate salaries and allowances help attract competent individuals to legislative roles and ensure that MPs can perform their duties effectively without financial constraints.
Important Cases and Commissions Related to Article 106
Cases:
- P.V. Narasimha Rao vs. State (1998): Although primarily about bribery charges, this case touched upon the privileges and entitlements of MPs, including their salaries and allowances.
- Ashok Tanwar vs. Union of India (2013): Discussed the financial entitlements and privileges of MPs, highlighting the need for clear guidelines on salaries and allowances.
Commissions:
- Pay Commission Reports: Periodically review and recommend the salaries and allowances for MPs, ensuring they remain fair and adequate.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to ensure transparency and accountability in determining the salaries and allowances of MPs.
Previous Year Prelims Questions Related to Article 106
- (UPSC Prelims 2016) The salaries and allowances of the members of either House of Parliament are determined by:
- A. The President
- B. The Prime Minister
- C. Parliament by law
- D. The Finance Commission Correct Answer: C. Parliament by law
- (UPSC Prelims 2018) Until Parliament makes provision for the salaries and allowances of the members of either House, they are specified in:
- A. The First Schedule
- B. The Second Schedule
- C. The Third Schedule
- D. The Fourth Schedule Correct Answer: B. The Second Schedule
Previous Year Mains Questions Related to Article 106
- Mains 2017: “Discuss the significance of Article 106 in ensuring fair compensation for members of Parliament. How does this provision contribute to the effective functioning of the legislative process?”
- Mains 2019: “Analyze the role of Parliament in determining the salaries and allowances of its members under Article 106. How does this reflect the principle of legislative control over public expenditure?”
Additional Insights:
- Legislative Flexibility: By allowing Parliament to determine the salaries and allowances of its members, Article 106 ensures that compensation can be adjusted to reflect changing economic conditions and needs.
- Interim Provisions: The Second Schedule provides a default structure for salaries and allowances, ensuring that MPs are compensated until specific laws are enacted.
- Transparency and Accountability: Periodic reviews by bodies like the Pay Commission ensure that the process of determining salaries and allowances is transparent and accountable.
Understanding Article 106 is crucial for UPSC aspirants as it outlines the mechanisms for determining the salaries and allowances of members of Parliament, ensuring they are adequately compensated for their legislative duties. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the financial governance and legislative framework within India’s parliamentary system.