Actual Article
Article 185: Salaries and allowances of members
The salaries and allowances of members of the Legislature of a State shall be such as may, from time to time, be determined by the Legislature of the State by law and until so determined, shall be as specified in the Second Schedule.
UPSC Notes for Article 185
Explanation:
- Determination of Salaries and Allowances:
- Article 185 specifies that the salaries and allowances of members of a state legislature are to be determined by the state legislature itself through legislation. This provision empowers state legislatures to regulate and adjust compensation based on their internal determinations and fiscal capabilities.
- Interim Provisions:
- Until the state legislature enacts such laws, the salaries and allowances of its members are set according to the amounts specified in the Second Schedule of the Constitution. This ensures that members are compensated from the commencement of their duties, preventing any disruption due to the absence of specific state laws.
Key Points:
- Financial Autonomy: By allowing state legislatures to determine their own salaries and allowances, Article 185 grants financial autonomy to the states, allowing them to make decisions tailored to their specific economic situations.
- Initial Guidelines: The Second Schedule provides a temporary framework, ensuring members receive appropriate compensation while new state-specific laws are considered.
Important Cases and Commissions Related to Article 185
Cases:
- No specific landmark cases interpreting Article 185 have been identified, as it involves straightforward legislative powers typically not subject to judicial review.
Commissions:
- Administrative Reforms Commission: While not specifically addressing Article 185, has discussed the broader issues of legislative compensation and suggested guidelines to ensure that such compensations are reasonable and justify the responsibilities undertaken by the legislators.
Previous Year Prelims Questions Related to Article 185
- (UPSC Prelims 2016) Who determines the salaries and allowances of the members of the state legislatures?
- A. The President of India
- B. The Parliament
- C. The Legislature of the State
- D. The Governor of the State Correct Answer: C. The Legislature of the State
- (UPSC Prelims 2018) Until the state legislature determines new salaries, what serves as the basis for the salaries and allowances of its members?
- A. The recommendations of the Finance Commission
- B. The Central Government’s guidelines
- C. The Second Schedule of the Constitution
- D. The existing laws of the state Correct Answer: C. The Second Schedule of the Constitution
Previous Year Mains Questions Related to Article 185
- Mains 2016: “Discuss the significance of Article 185 in ensuring the financial independence of state legislatures. How does it impact the autonomy of the states?”
- Mains 2019: “Evaluate the provision of Article 185 regarding the determination of salaries and allowances by state legislatures. What does this say about the federal structure of India?”
Additional Insights:
- Ensuring Adequate Compensation: Article 185 ensures that members of the state legislatures are adequately compensated, which is crucial for them to fulfill their duties without financial worries.
- Reflecting Federal Principles: This article reflects the principles of federalism by allowing states to exercise discretion over financial matters concerning their legislative bodies.
Understanding Article 185 is crucial for UPSC aspirants as it highlights the autonomy of state legislatures in determining financial matters concerning their members. This knowledge is essential for both preliminary and main examinations, offering insights into the financial governance aspects of state legislatures within the framework of the Indian Constitution.