Actual Article
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 respectively fixed 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 97
Explanation:
- Salaries and Allowances: Article 97 stipulates that the salaries and allowances of the Chairman and Deputy Chairman of the Rajya Sabha, and the Speaker and Deputy Speaker of the Lok Sabha, shall be determined by Parliament by law.
- Second Schedule: Until Parliament makes such provisions, the salaries and allowances specified in the Second Schedule of the Constitution shall apply.
Key Points:
- Legislative Authority: Parliament holds the authority to determine and fix the salaries and allowances of these key parliamentary officeholders.
- Interim Provision: The Second Schedule provides an interim arrangement for salaries and allowances until Parliament enacts specific laws.
- Ensuring Dignity and Functioning: Adequate salaries and allowances help maintain the dignity and proper functioning of these high offices, ensuring that officeholders are compensated for their responsibilities and duties.
Important Cases and Commissions Related to Article 97
Cases:
- Salaries and Allowances of Members of Parliament Act, 1954: Although not a case, this act is relevant as it outlines the salaries and allowances for MPs, including the Speaker, Deputy Speaker, Chairman, and Deputy Chairman.
- Ashok Tanwar vs. Union of India (2013): This case discussed the financial privileges and allowances of MPs, indirectly reflecting on the importance of the provisions under Article 97.
Commissions:
- Pay Commission Reports: Various Pay Commissions have periodically reviewed and recommended the salaries and allowances for MPs, including the key officeholders of Parliament.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to ensure transparency and adequacy in the compensation provided to parliamentary officeholders.
Previous Year Prelims Questions Related to Article 97
- (UPSC Prelims 2015) The salaries and allowances of the Speaker and Deputy Speaker of the Lok Sabha 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 2019) Until Parliament makes provision for the salaries and allowances of the Speaker and Deputy Speaker of the Lok Sabha, 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 97
- Mains 2016: “Discuss the significance of Article 97 in ensuring the proper compensation for the Speaker, Deputy Speaker, Chairman, and Deputy Chairman of Parliament. How does this contribute to the effective functioning of these offices?”
- Mains 2019: “Analyze the role of Parliament in determining the salaries and allowances of key parliamentary officeholders as per Article 97. How does this reflect the principle of legislative control over public expenditure?”
Additional Insights:
- Parliamentary Control: By granting Parliament the authority to determine salaries and allowances, Article 97 ensures that these decisions are subject to legislative scrutiny and control, reflecting democratic principles.
- Adequate Compensation: Providing adequate salaries and allowances helps attract competent individuals to these important roles, ensuring that they can perform their duties without financial concerns.
- Transparency and Accountability: Periodic reviews and adjustments by Parliament promote transparency and accountability in the compensation of parliamentary officeholders.
Understanding Article 97 is crucial for UPSC aspirants as it highlights the mechanisms for determining the salaries and allowances of key parliamentary officeholders, ensuring that these positions are adequately compensated. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and financial governance within India’s parliamentary system.