Actual Article
Article 195: Salaries and allowances of members
- The salaries and allowances of the members of a House 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 195
Explanation:
- Determination of Salaries and Allowances:
- Article 195 stipulates that the salaries and allowances of members of state legislatures are to be determined by the respective state legislature itself through legislation. This provision grants financial autonomy to state legislatures, allowing them to adjust compensation based on internal determinations and fiscal capabilities.
- Interim Provisions:
- Until such determinations are made by the state legislature, 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 receive compensation from the commencement of their duties, preventing any disruptions due to the absence of specific state laws.
Key Points:
- Financial Autonomy: Article 195 allows state legislatures to determine their own salaries and allowances, reflecting the principle of state autonomy in financial matters concerning their legislative bodies.
- Guidance by the Second Schedule: The Second Schedule provides a temporary framework, ensuring members are compensated appropriately while awaiting specific state legislation.
Important Cases and Commissions Related to Article 195
Cases:
- No specific landmark cases interpreting Article 195 have been identified, as it involves straightforward legislative authority typically not subject to judicial review.
Commissions:
- Administrative Reforms Commission: Might have touched upon the efficiency and accountability in setting salaries and allowances for public officials, indirectly related to the principles of Article 195.
Important Reports Related to Article 195:
- Law Commission Reports: Could include discussions on public expenditure on salaries and the appropriate compensation for public servants, including legislative members, aligning with the objectives of Article 195.
Previous Year Prelims Questions Related to Article 195
- (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 195
- Mains 2016: “Discuss the significance of Article 195 in ensuring the financial independence of state legislatures. How does it impact the autonomy of the states?”
- Mains 2019: “Evaluate the provision of Article 195 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 195 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 195 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.